JUDGMENT :

Kuldeep Tiwari, J. (Oral)

CRM-4987-2024

1. The application is allowed as prayed subject to all just exceptions and the documents are taken on record as Annexures P-7 & P8.

CRM-M-65380-2023

2. Through the instant petition, the petitioner craves for of this Court for his being enlarged on regular bail, in case FIR No.308, dated 11.08.2023, under Section 148, 149, 323, 324, 326 and 506 of the IPC, registered at Police Station City, Thanesar, District Kurukshetra.

ALLEGATIONS AGAINST THE PETITIONER

3. The case of the prosecution agency was set into motion on a complaint moved by Bunty, that on dated 10.08.2023, wherein, he alleged that his cousin-Tushar has come to meet him in his lab, where the complainant was working as lab technician, with one namely Anuj. The complainant and Anuj had gone to a confectionery shop in Mohan Nagar, to purchase the cold drink at about 10:30 p.m, and when they were coming out of the said shop, present petitioner-Aman, carrying a knife in his hand, and Manu Pandit, carrying a gandasi in his hand, Aakash, Chirag and Amli along-with 7-8 other unknown persons came there carrying weapons in their hands. Aman Pandit gave a knife blow on the right side of the waist, and left side of the waist of the complainant, whereas Mannu Pandit gave a gandasi blow on the left arm of the complainant, and when Anuj and Tushar tried to rescue the complainant, Aman Pandit (present petitioner) inflicted injury towards the left side of Tushar. Several persons gathered at the spot, and rescued the complainant party, from the clutches of the accused persons, and while going away, the accused persons threatened the complainant with death if he entered into a dispute with them again.

4. During investigation it is transpired that three stab wound injury with knife suffered by complainant-Bunty, is attributed to the present petitioner, and he has also inflicted stab wound to Tushar (cousin of the complainant), which is reported to be grievous in nature.

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER

5. Learned counsel for the petitioner submits that though the recovery of knife is effected from the present petitioner, however, his presence as well as the veracity of the allegations, as levelled against the petitioner is yet to be established by the prosecution by leading evidence before the learned trial Court concerned.

6. He further submits that all the co-accused who were arrested by the prosecution agency, have been admitted to the regular bail by the learned Courts below and only the petitioner is now behind the bars.

7. He also submits that the petitioner has suffered the incarceration of approximately 5 months, and he has clean antecedents, however, earlier two cases in which he was involved, he has earned acquittal in those.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

8. Per contra, the learned State counsel vociferously opposed the asked for relief on the ground that the petitioner is the main accused, who has caused three stab wound injuries to the complainant, and one stab wound injury to one Tushar, which are grievous in nature.

9. He has also placed on record a custody certificate qua the petitioner, which is taken on record, and a perusal of the same reveals that the petitioner has suffered incarceration of 04 months and 29 days as on today, and he is not involved in any other criminal case.

10. He also submits, on instructions imparted to him by ASI Ankit, that challan was presented way back on dated 04.11.2023, and the charges have been framed by the learned trial Court concerned, and further, out of the total 12 prosecution witnesses, none has been examined till date.

ANALYSIS

11. "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", 1977 AIR 2447, 1978 SCR (1) 535. This principle finds its roots in one of the most distinguished fundamental