Advocates:
Advocate Appeared:
For the Appellant :Mr. Saleem Ahmed, Advocate
For the Respondent: Mr. Abhinash Jain, DAG, Haryana

JUDGMENT :

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.274, dated 19.10.2023, under Sections 307, 323 and 506 read with Section 34 of the IPC, registered at Police Station Lakhan Majra, District Rohtak. 

ALLEGATIONS AGAINST THE PETITIONER

2. The allegation against the petitioner is that he gave three spade blows on the head and forehead of the complainant-Rohit, on account of some property dispute.

3. The prosecution agency was set into motion on a complaint made by aforesaid Rohit Kumar. The relevant extract of the FIR reads as under:-

"To, The SHO Sahib, Police Station Lakhan Majra. Sir, It is requested that I am Rohit Kumar S/o Rajender Singh, resident of village NandaL My grandfather Fateh Singh has installed a tubewell in the field, which we all use one by one. Yesterday on 18.10.2023 in the evening, I had put oil in the engine. Today on 19.10.2023 at about 7 o'clock, when I went to the field in the morning, my uncle Rajbir and his son Ram Karan were running the tubewell there. When I told to them about filling of oil, then Rajbir immediately started abusing me and slapped me on my face. When I protested against this, then Ram Karan son of Rajbir gave a spade blow me on my head, I fell down, then he again gave spade blow on my head, which hit at my forehead. He time and again gave spade blow on my head with intention to kill me. In the meanwhile, Shakuntla, Geet and Ankush came at the spot and attacked me with danda, kick and fist. When I raised alarm 'Bachao-Bachao' then my brother Rakesh came there, after seeing him they all fled away from there and were threatening to kill me. Thereafter my brother took me on his motorcycle to Police Station Lakhan Majra, where police got done my medical. After getting first aid from CHC Lakhan Majra, doctor referred me to PGIMS Rohtak. It is requested to you that legal action be taken against the accused persons. I have given my written complaint to CHC Lakhan Majra. Sd/- Rohit Mukar. Applicant Rohit Kumar s/o Rajender Singh, Village Nandal, District Rohtak, Mobile: 9416929387."

It transpires from the aforesaid FIR that the petitioner had given two spare blow injuries.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER

4. In asking for the relief (supra), learned counsel for the petitioner submits that the co-accused-Rajbir, has been extended the benefit of regular bail by the learned trial Court concemed, and the petitioner is behind bars since last six months, and the trial is yet to start as no prosecution witness has been examined till date. Further, the petitioner is not involved in any other criminal case.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

5. Per contra, the learned State counsel opposes the asked for relief of grant of regular bail, on the ground that the case of the petitioner is entirely different from the case of co-accused-Rajbir, as the petitioner is the person who gave three injuries to the victim/complainant, out of which, one injury was declared to be dangerous to life, which is on the head of the victim.

6. He further, on instructions imparted to him by ASI Nav Rattan, submits that the final report has been filed on 16.12.2023 and the charges have been framed on 08.04.2024, and out of total 14 prosecution witnesses cited by the prosecution, none has been examined so far.

7. He also files a custody certificate qua the petitioner, which is taken on record, and, it reflects that the petitioner has suffered incarceration of 5 months and 26 days as on today, and, he is not involved in any other criminal case.

ANALYSIS

8. "Bail is the Rule and Jail is an Exception". This basic principle of criminal jurisprudence was laid down by the Hon'ble Supreme Court, way back in 1978, in its landmark judgment titled "State of Rajasthan V. Balchand alias Baliay", 1977AIR 2447,1978 SCR (1) 535. This principle finds its roots in one of the most distinguished fundamental rights, as enshrine