Sunny vs State Of Haryana

Avneesh Jhingan, J

This petition is for regular bail in FIR No. 332, dated 16th September, 2020, under Section 307, 323, 324, 341, 506 IPC 1860 read with Section 34 IPC

registered at Police Station Arya Nagar, District Rohtak.

The FIR was at behest of Sagar. The incident was of 15th September, 2020. As per the allegations three boys came on a bullet motorcycle and

stopped the motorcycle of Sagar. Ajay gave a Sua (Ice breaker) blow to complainant. Ravi was carrying a base ball bat and Sunny (petitioner)was

driving the motorcycle.

Learned counsel for the petitioner submits that bail was granted by Principal Magistrate, Juvenile Justice Board-cum-Additional Civil Judge, Sr.

Division, Rohtak vide order dated 16th October, 2020 to Ajay who was attributed injury declared dangerous to life. It is contended that there is no

specific injury attributed to the petitioner and he is not involved in any other case.

Learned State counsel, on instructions from SI Jai Bhagwan submits that the petitioner is visible in a CCTV footage. He was driving the motorcycle

and had given fist and leg blows to the complainant. He further submits that challan stands presented but charges are yet to be framed. He submits

that Ajay was granted bail considering the fact that he was juvenile at the time of incident.

Albeit petitioner is said to be visible in CCTV footage and as per the prosecution case he has given fist and leg blows but no specific injury is

attributed to the petitioner.

Considering the facts that petitioner is in custody since 19th September, 2020; challan stands presented; charges are yet to be framed; conclusion of

trial will take time and recovery of motorcycle has already been made, petitioner is grated bail subject to his furnishing surety bonds to the satisfaction

of learned trial Court/Duty Magistrate concerned.

The petition is allowed.

It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.