CRM No.M-31275 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-25.11.2010 Bijender son of Amar Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.Ashwani Verma, Advocate for the petitioner. Mr.Vikas Malik, A.A.G., Haryana. M ehinder S ingh S ullar , J . (Oral) Invoking the provisions of section 439 Cr.PC, petitioner Bijender son of Amar Singh, has applied for grant of regular bail in a case registered against him alongwith his other four co-accused, vide FIR No.32 dated 3.2..2009 for commission of the offences punishable under sections 148, 307, 323 and 324 read with section 149 IPC by the police of Police Station Tosham, Distt.Bhiwani. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this context. 4. The prosecution claimed that on 1.2.2009, the petitioner inflicted injury to complainant Jaipal son of Ram Kumar. No other specific role or overt act is attributed to him. It is not a matter of dispute that the main complainant injured witness, while appearing in the Court as PW5, has stated that the accused present in the Court did not cause any injury to him. They were not present at the spot. Meaning thereby, instead of supporting, the complainant (PW5) has totally demolished the prosecution version in its entirety and maintained that the petitioner did not cause any injury. CRM No.M-31275 of 2010 2 5. Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as described here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial, to me, the present petitioner is entitled to regular bail in the obtaining circumstances of the instant case. 6. In the light of the aforesaid reasons, the petition for regular bail is allowed and the petitioner is directed to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court. 25.11.2010 (Mehinder Singh Sullar) AS Judge