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203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33096-2025 Date of Decision: June 27, 2025 Harmesh Chand @ Kala …Pe00oner Versus State of Punjab …Respondent
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Yogesh Goel, Advocate for the peoner.
DEEPAK GUPTA
, J.(Oral)
By way of present peon under Secon 483 BNSS, 2023, peoner prays for his release on regular bail in a case arising out of FIR No.33 dated 13.04.2025, under Secons 109, 115(2), 351(2), 191(3) and 190 of BNS, 2023 (equivalent of Secons 307,323, 506, 148 and 149 IPC), besides Secons 25 & 27 of the Arms Act, 1959, registered at Police Staon Bareta, District Mansa.
2. It is contended by leaned counsel for the peoner that it is a case of version and cross-version. As per the FIR lodged at the instance of Sony Ram, the injury a8ributed to the peoner is caused by iron dah hi9ng on the right hand and face of Varkha Ram. Learned counsel has drawn a8enon towards the medico-legal report of Varkha Ram (Annexure P-2) reflecng the said injuries and submi8ed that none of these injuries a8ract Secon 307 IPC. Learned counsel points out that cross version was lodged vide DDR No.20 dated 13.04.2025 (Annexure P-3) on the statement of peoner - Harmesh Chand @ Kala, as per which Varkha Ram had given kirpan blow on his head. The allegaons are also against other members of the opposite party to have caused injuries to him. A8enon is also drawn towards the medico-legal report (Annexure P-4) of peoner - Harmesh Chand, revealing as many as 07 injuries on his person including lacerated Sarita Rani 2025.06.27 13:44 I attest to the accuracy of this document/order
CRM-M-33096-2025 - 2 - 2025:PHHC:076861 wound on the central part of the skull, which is a8ributed to Varkha Ram.
Learned counsel submits further that the peoner is in custody for the last 01 month and 24 days, whereas co-accused Gur Lal Singh, Sukhwinder Singh, Parminder Singh, Lachhman Singh and Gurpreet Singh have been granted the benefit of ancipatory bail by way of different orders, copy of which are Annexures P-6 to P-10.
3. Noce of moon.
4. Mr. Animesh Sharma, Addl. A.G., Punjab accepts noce on behalf of respondent-State. Mr. Parminder Singh Sekhon, Advocate has put in appearance on behalf of the complainant.
5. Learned State counsel as well as learned counsel for the complainant have opposed the bail peon.
6. However, learned State counsel concedes the fact that it is a case of version and cross version and the injury a8racng Secon 307 IPC is not a8ributed to the peoner. It is also conceded that peoner is in custody for the last 01 month and 24 days.
7. Having considered all the aforesaid facts and circumstances, but without commenng anything on the merits of the case, peoner is admi8ed to bail. He is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the sasfacon of learned Trial Court/Duty Magistrate concerned, on usual terms and condions. Allowed. June 27, 2025
(DEEPAK GUPTA) sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
Sarita Rani 2025.06.27 13:44 I attest to the accuracy of this document/order