IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 6^th February, 2025 Vishal Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Sanjeev Majra, Advocate for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

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MANISHA BATRA, J (ORAL):-

The present petition has been filed by the petitioner seeking grant of regular bail in case bearing FIR No. 168 dated 27.04.2024 registered under Sections 323, 307, 506, 201 read with Section 34 of IPC at Police Station Ladwa, District Kurukshetra.

2. The aforementioned FIR had been registered on the basis of statement got recorded by the complainant Harpreet Singh alleging that on 23.04.2024, he accompanied by the co-villagers Gurjeet Singh and Laksh was going to attend a Mela organized in the local temple of his village. The petitioner met him on the way and extended threats to teach him a lesson. On proceeding further, accused Lavinder Singh @ Lavi intercepted him and proclaimed that complainant would be taught a lesson. While on the way itself, one unknown youth came towards him and struck a blow with a beer bottle on his head with an intent to kill him. The bottle had broken and with the same bottle, he injured his neck and blood started oozing out. In the meanwhile, the present petitioner and the co-accused accompanied by 3-4 unknown youths reached there and they too inflicted injuries on the person of the complainant with beer bottles while proclaiming that he would not be left alive. On hearing clamour raised by the complainant, people started gathering there. He was taken to hospital and was provided treatment. After registration of FIR, investigation proceedings were initiated. The petitioner was arrested on 07.05.2024. He suffered disclosure statement on interrogation thereby admitting his involvement in the subject crime. One of the injury sustained by the complainant was opined to be dangerous to life.

The investigation stands concluded.

3. The present petition has been filed by the petitioner on the grounds and it is argued by his counsel that he has been falsely implicated in this case. He is in custody since long. Trial is likely to take time. His further incarceration would not serve any useful purpose. No specific injury has been attributed to him. The ingredients for commission of offence under Section 307 of IPC are not attracted against him. There is delay of four days in registration of FIR which has not been satisfactorily explained. Therefore, it is urged that he deserves to be extended benefit of bail.

4. Status report has been filed by respondent-State. It is argued by learned Assistant Advocate General, Haryana that there are serious allegations against the petitioner as in-connivance with the co-accused, opened an assault upon the complainant and had caused serious injuries to him. There are chances of his absconding or intimidating the witnesses, if extended benefit of bail. Therefore, it is urged that the petition does not deserve to be allowed.

5. I have heard learned counsel for the parties at considerable length and have gone through the record carefully.

6. The petitioner along with the co-accused is alleged to have opened an assault upon the victim-complainant as on 23.04.2024 and is further alleged to have caused injuries to him with broken beer bottles and other weapons. The victim had sustained incised wound on his neck and said injury has been opined to be dangerous to life. The petitioner is however, in custody since 07.05.2024. Investigation stands completed. Trial is likely to take time. His further detention would not serve any useful purpose. It is well settled proposition of law that bail is the rule and jail is an exception. Keeping in view the above discussed facts and circumstances, but without meaning to make any comment on the merits of the case, I am of the considered opinion that the petitioner deserves to be released on bail. Accordingly, the petition is allowed and the pe