The Punjab and Haryana HC were dealing with the petition filed under Section 439 CrPC seeking regular bail in the FIR registered under Sections 323, 324, 307, 452, 326, 325, 506, 148 & 149 IPC at Police Station City, Kapurthala.
The complainant informed the police that he had constructed a haveli in his land near police line. He has also made a boundary wall and installed a gate on his property. He further stated that he along with his uncle Malkiat were also rearing buffaloes at that place. On 06.08.2018 when he was present at the said haveli and gate was closed, at that point of time Ajay Nahar, Sam Momi, Prince, all armed with datar and three unknown persons who were armed with datar and baseball, came on motorcycle and jumped the wall of haveli.
After that Ajay Nahar attacked the complainant with his datar and Sam Momi also attacked him on his head with his datar. Due to such attacks by the assailants the complainant fell down and they again gave beatings to him with datar. When he raised hue and cry then his uncle came and all the assailants ran away. The complainant further informed that the cause of dispute was that the accused used to go to his mohalla and tease the girls, however the complainant would object to such acts.
Learned counsel for the petitioner submitted that the petitioner is in custody for sufficient time and statement of the complainant stands recorded. He further argued that the genesis of motive for occurrence is false and concocted. Learned State counsel submitted that as per the investigation, the petitioner gave injuries on back side of the head of the complainant and such injury was sharp and grievous to life. He also gave injuries on his leg and left foot.
The HC after evaluating various submissions observed that the petitioner Gurpreet Singh was also attributed injuries. The accused also specifically identified Gurpreet Singh through video conferencing. Hence, the petitioner failed to make out a case for bail.
HC dismissed the petition.
Bench: Hon'ble Mr. Justice Anoop Chitkara
Case Title: Gurpreet Singh v. State of Punjab
Case Details: CRM-M-18487-2021
Read Judgment;
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