The central legal point established in the judgment is that the grant of regular bail should be considered in light of the time it would take for the trial to conclude and the circumstances of the co-accused.

JUDGMENT

Harnaresh Singh Gill , J. (Oral) - Through this petition, the petitioner seeks regular bail in case bearing FIR No.78 dated 05.07.2020, registered at Police Station City Morinda, District Ropar, under Sections 307, 326, 452, 323, 506, 148 and 149 IPC.

2. Learned counsel for the petitioner contends that injury on the left hand of the complainant with gandasa, has been attributed to the petitioner, whereas co-accused, namely, Jaspal Singh, who has been attributed a kirpan blow on the head of the complainant, stands released on bail by this Court, vide order dated 09.09.2021 passed in CRM-M-22568- 2021. Moreover, co-accused, namely, Gurpreet Singh and Jasvir Singh also stand enlarged on regular bail by a Coordinate Bench, vide orders dated 28.05.2021 and 16.07.2021 passed in CRM-M-651-2021 and CRM- M-26223-2021, respectively. The petitioner has been in custody since 10.07.2020. While claiming parity with the above named co-accused, learned counsel prays that the petitioner be also released on bail.

3. On the other hand, learned State counsel, while opposing the submissions made by the learned counsel for the petitioner for the grant of bail, submits that the petitioner alongwith the co-accused had attacked the complainant and that the petitioner had given a gandasa blow on the left hand of the complainant. It is also submitted that the charges are yet to be framed and the case before the trial Court is fixed for 27.01.2022.

4. I have heard the learned counsel for the parties.

5. As per the prosecution version, injury on the left hand of the complainant has been attributed to the petitioner. Although the challan stands presented, the charges are yet to be framed. The petitioner has been in custody since 10.07.2020. Trial of the case would take time to conclude.

6. Moreover, as stated above, the co-accused stand enlarged on regular bail.

7. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.

8. In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.