The main legal point established in the judgment is the principle that bail is the rule and jail is an exception, emphasizing the presumption of innocence and the right to a speedy trial.

Judgment

Mr. Kuldeep Tiwari, J.

Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.111 dated 04.07.2023, under Sections 323, 342, 307, 506 and 34 of IPC, registered at Police Station Sector 31, Chandigarh.

ALLEGATIONS AGAINST THE PETITIONER

2. The prosecution agency was set to motion, on the statement of one Ramanand Yadav son of Sukhraj Yadav, and the crux of the allegations reads as under:-

“Statement of Ramanand Yadav son of Sukhraj Yadav resident of 1183, 3rd floor, Phase-2, Ramdarbar, Chandigarh age 48 years stated that I am residing at the above mentioned address in a rented accommodation alongwith my son Dhayan Yadav and I work of fiber work at Plot No.313, Phase-2, Ram Darbar Indl. Area and my son Dhayan Yadav also works in fiber work at Plot No 266. Phase 2 Indl. Area and he is unmarried. That on dated 03.07.2023 at around 9.25 pm, I and my son Dhayam Yadav were present in our room. My relative Rajender Yadav resides along with his wife and son Sarwan on the same floor. Noise of quarrel and abuses started coming from their room. On hearing the noise, I and my son Dhyan Yadav immediately went to their room and saw that Rajender Yadav and his son Sharwan were fighting with each other. When we (father and son) tried to stop them from fighting then Rajindra Yadav and his son Sharwan started abusing and quarreling with us also and at the initial moment of the quarrel, Sharwan started saying that today we will kill both of you father and son and further said that who are you to come between our quarrel and while saying so, Sharwan picked up a knife lying in the room near him and his father Rajender held the hands of my son and Sharwan said to my son Dhyan that today you and your son have not to be spared alive and Sharwan stabbed my son Dhyan several times on his neck and chest with the same knife. When I tried to free my son, these two father and son confined me and my son in the room and during the ensuing quarrel, Sharwan also stabbed me on my left arm with the same knife. I and my son had with great difficulty came out of the room and saved our lives. On seeing our condition, someone called number 112 on phone and the PCR vehicle arrived at the spot and took me and my son Dhyan Yadav to GMCH 32 CHD for treatment in the PCR vehicle. Where I and my son are undergoing treatment. Rajindra Yadav and his son Shravan have attacked me and my son with the intention of killing us. Legal action be taken against Rajendra Yadav and his son Sharwan. Statement got recorded and heard it word by word, which is correct. R.T.I. Ramanand Yadav Attested ASI Balbir Singh 3649/CP PS 31 CHD.”

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER

3. The learned counsel for the petitioner, in his asking for the hereinabove extracted relief, has made the following submissions:-

(i) Petitioner has been falsely implicated in the present case;

(ii) No injury whatsoever is attributed to the present petitioner;

(iii) The injuries are specifically attributed to the co-accused, who is happened to be the son of the present petitioner;

(iv) As per the allegation, there was a quarrel between the petitioner-accused and his son, who is a co-accused in the instant petition, to whom all the injuries are attributed”.

(v) The present petitioner is behind the bars since 04.07.2023.

(vi) The final report under Section 173 Cr.P.C has already been filed, and has been committed to the Court of Sessions for trial.

(vii) The petitioner has undergone incarceration of more than 06 months.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

4. Learned State counsel on instructions, from ASI Parminder Singh, submits that the role attributed to the present petitioner is that he caught hold of the victim, and which facilitated the main accused to cause injuries. Learned State counsel further submits that the final report under Section 173 Cr.P.C has been filed by the concerned Station House Officer, and thereupon, the cha