In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 30566 of 2008 Date of Decision:February 06, 2009 Vicky ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.R.S.Hooda ,Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Petitioner-Vicky has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for grant of regular bail in FIR No. 273 dated 19.8.2008 under Sections 307, 325, 34 of the Indian Penal code registered at Police Station Palwal City, District Faridabad. Prosecution story as narrated in the FIR, as reproduced in para 2 of the petition is as under:- “I am resident of aforementioned address and studying in IInd year in Nehru College. Today, at 1.15 P.M. A quarrel took place between my younger brother Rohit and Vicky s/o Nanva caste Khatik on the issue of flying kites. That I came out after Crl. Misc. No. M- 30566 of 2008 -2- hearing the quarrel. That Vicky s/o Nanva, Santram's son, Nanak's son Manohar, Harish s/o Dhan Singh caste Khatik, r/o Khatik Mahalla were standing there. That I asked them that why are they fighting with my brother then Vicky son of Nanva Khatik became enraged and gave a KULHARI blow on my back of head and Harish s/o Dhan Singh Khatik came and gave me LATHI blow on my back . Manohar and Santram's son threw bricks which did Ghamandi Ram, caste Balmiki, r/o Khatik Wara came at the spot, who got me saved otherwise these persons would have beaten me more. I have got my statement recorded, which is correct. A legal action may be taken.” Learned counsel for the petitioner has submitted that the as per the allegations in the FIR, the petitioner had given a kulhari blow on the head of the complainant. As per Medico legal report, injury No. 1 on the person of the complainant is opined to have been caused with a blunt weapon. The complainant in his supplementary statement has stated that the injury was caused from the blunt side of Kulhari. Learned State counsel has opposed the bail application. Since the injury has been caused from the blunt side of the kulhari, the intention of the petitioner at the time of causing of the injury would more appropriately be gone into and considered during trial. Keeping in view the fact that the petitioner is in custody since 4.9.2008, Crl. Misc. No. M- 30566 of 2008 -3- without expressing any opinion on the merits of the case, petitioner is admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Faridabad. (SABINA) JUDGE February 06, 2009 PARAMJIT