IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. M No.8155 of 2009 Date of Decision:May 30, 2009 Vijay @ Banti ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Sunil Panwar Advocate for the petitioner. Ms.Maloo Chahal, Deputy Advocate General,Haryana ** Sabina, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.289 dated 1.12..2008 registered under Sections 148, 149,323,341,506 and later added Section 307 of the Indian Penal Code (`IPC' for short) at Police Station Baldev Naga, District Ambala. The case as per FIR, as reproduced in para 1 of the petition, is as under:- "Stated that I am resident of the above address and I am serving at Dynamic Motors, Baldev Nagar, Mukesh Dhiman is the son of my Uncle (Chacha), who resides in H.No. 138, Laxmi Ngar and has a Science Factory in the house itself. Today in the after noon, I had come to the house of my brother at Laxmi Nagar and Mukesh and I had to go to Ambala City in connection with our personal work. At about One' o' clock in the day, I Mukesh and Sukha had started from the house in the car of my brother Mukesh. Mukesh was driving the Car and Sukha was sitting on the adjoining seat and I was occupying the rear seat. As soon as we reached near the diary Crl. Misc. M No.8155 of 2009 -2- of Pratap, then from inside the diary, about 15-20 boys carrying rods and dandas in their hands came on the road and stopped our car by obstructing our way. Kapil was having an iron stick in his hand and Rinku was also having an iron rod in his hand. In my view, my brother Mukesh was attacked and Kapil pulled out my brother by opening the door and gave a blow with the iron stick held in his hand, on the head of my brother. Rinku also gave a blow on the head with iron rod held in his hand. As a result, my brother started bleeding and fell on the road. When we were rescuing my brother, then the boys accompanying Kapil and Rinku also gave us slaps, fist and leg blows. On seeing the fight many persons gathered at the spot of occurrence. On seeing the crowd, the assailants ran away from the spot along with their weapons and while leaving, gave threat that today we were saved and later, on finding an opportunity, they would kill. Thereafter, we took Mukesh for treatment to the Civil Hospital. On account of excessive injuries, my brother became unconscious and on account of the excessive injuries, my brother was referred to PGI and I came to the house of Mukesh. You have recorded my statement by coming to the house of Mukesh, which has been heard, read is correct. Kapil, Rinku and other boys, wherein Vijay was also associated have caused injuries to my brother Mukesh without any reason. Strict action be given against them. Attested:Jaspal Singh, HC, Police Post Model Town, Dated 8.12.2008” Crl. Misc. M No.8155 of 2009 -3- Learned counsel for the petitioner has submitted that the specific injuries were attributed to Kapil and Rinku. No specific injury was attributed to petitioner Vijay @ Banti in the FIR although he is named in the FIR. Petitioner is in custody since 7.12.2008. Learned State counsel has opposed the petition. Keeping in view the fact that the petitioner is in custody since 7.4.2008 and no specific injury has been attributed to him in the FIR,without expressing any opinion on the merits, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate Amabla. (Sabina) Judge May 30, 2009 arya