219 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRM-M-53317-2024 Sujal Yaddav .....Petitioner versus State of Punjab ..... Respondent

2.

CRM-M-54499-2024 Aayush Yadav @ Rao ....Petitioner versus State of Punjab ....Respondent

3. CRM-M-56491-2024 Sumit Dagar ....Petitioner versus State of Punjab ....Responent Date of decision : 27.02.2025 CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Vinod Ghai, Senior Advocate with Mr. Arnav Ghai, Advocate Ms. Kashish Sahni, Advocate and Mr. Priyanshu Kamra, Advocate for the petitioner (in CRM-M-53317-2024).

Mr. Chirag Kundu, Advocate for the petitioner (in CRM-M-56491-2024).

Mr. Manoj Tanwar, Advocate for the petitioner (in CRM-M-54499-2024).

Mr. J.S. Arora, DAG, Punjab.

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RAJESH BHARDWAJ , J. (Oral)

1. This order will dispose of abovesaid three petitions as they have arisen out of the same FIR.

2. Prayer in the present petitions is for grant of regular bail to the petitioners in case FIR No.218 dated 30.09.2023, under Sections 323, 307, 341, 506, 148, 149, 325, 201 of IPC (Section 302 IPC added later on), registered at Police Station Sadar Kharar, District SAS Nagar, Punjab. 3. Succinctly facts of the case are that FIR in the present case was lodged on the statement of Utkar Shukla. It was alleged that he was a student of MBA Second Year at Chandigarh University, Gharuan. In the intervening night of 21/22.09.2023, he received a call at about 02:20 AM from Rudar Singh that he has suffered head injury and he should help him. He reached at the gate of GBP, Crest, Bhagumazra and found that Rudar Singh, Rohan Rajesh Mishra, Suman Sourav (deceased) were already standing there. Sourav Suman was in injured condition. Then three unknown persons came from little distance behind them. Later on, they started pushing him. Those unknown persons along with other 10-15 unknown persons were armed with rods and kirpans. They collectively opened an attack on Rudra Singh, Rohan Rajesh Mishra, Suman Sourav with kirpans and rods. In order to save his life, he escaped from there. It was alleged that Rudar Singh, Rohan Rajesh Mishra, Suman Sourav had lot of conflict earlier with the three unknown persons and hence, they were attacked by the assailants. Request was made to take legal action against the culprits. On registration of the FIR, investigation commenced. Injured-Suman Sourav was medically examined. During investigation, the complicity of the petitioners was found in the case and they were arrayed as an accused and were arrested on different dates i.e. Sujal Yadav and Sumit Dagar were arrested on 16.05.2024 and Aayush Yadav @ Rao was arrested on 20.06.2024. They approached the Court of learned Additional Sessions Judge, SAS Nagar praying for grant of bail. However, after hearing counsel for the parties, learned Additional Sessions Judge, declined the same vide his order dated 11.10.2024. Hence, being aggrieved, petitioners are before this Court by way of filing the present petitions.

4. Learned Senior counsel for the petitioners has vehemently contended that petitioners have been falsely implicated in this case. He submits that the occurrence in the present cases has taken place in the intervening night of 21/22.09.2023 whereas, the FIR has been registered on 30.09.2023 i.e. after an unexplained delay of about 08 days. Thereafter, statements of 02 witnesses, namely, Rudra Singh and Rohan Rajesh Mishra were recorded on 03.10.2023 but it is on the disclosure statement of Arpan recorded on 07.10.2023, petitioner, Aayush Yadav @ Rao was arrayed as an accused and on the arrest of petitioner Sumit Dagar on 16.05.2024, petitioner Sujal Yadav was also named and he was also arrested on the same date. He submits that the deceased Suman Sourav was remained admitted in the GMCH, Sector-32, Chandigarh. He submits that as per the case of the prosecution, he was thereafter taken to Bihar where as per the information received from his relatives, he died on 29.12.2023. It is submitted by learned Senior cou