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2022 Supreme(P&H) 1488

AMAN CHAUDHARY
Ajaypal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Rajesh Kapila, Advocate, Sushant Gupta, Advocate, Manipal Singh, Advocate

JUDGMENT

Aman Chaudhary, J. - The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in respect of FIR No.109 dated 07.05.2022, under Sections 307, 353, 186, 506, 148 and 149 of the IPC and Section 25 of the Arms Act, 1959 registered at Police Station Jandiala Amritsar Rural.

2. Learned counsel for the petitioner contends that the petitioner is in custody since 07.05.2022. He submits that though the petitioner was named in the FIR, however, no overt act or weapon has been attributed to him. He further submits that challan has been presented, charges are yet to be framed and in all there are 17 witnesses. He submits that there is one more case against the petitioner, wherein he is already on bail.

3. Contrarily, learned State counsel has opposed the bail on the ground that the petitioner was present at the spot along with co-accused, who had opened fired. However, he is unable to controvert the fact that the petitioner is in custody since 07.05.2022; challan has been presented; charges are yet to be framed and in all there are 17 witnesses.

4. I have heard learned counsel for the parties.

5. In view of the facts and circumstances of

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