Khushi
A local Court dismissed the bail application of Surdeep, a resident of Hallo Majra, who was accused of attacking a person with knives and sticks, stating that an accused is not entitled to discretionary relief of bail simply because he has been behind bars since July 24, 2020.
Additional Sessions Judge Dr Rajneesh said, “In view of the serious allegations against the applicant, the court is of the opinion that at this stage, the applicant is not entitled to the concession of bail.”
Surdeep was arrested on July 24, 2020, at Sector 31 police station, after filing of FIR under Sections 147, 148, 149, 323, 324, 341 and 326 of the Indian Penal Code.
The complainant had alleged that he and his friend were attacked with knives and sticks when they were roaming in Hallo Majra about 6 pm on June 7, 2020 by a group of people.
During the course of investigation, the accused were held on July 24, 2020. A challan was presented in the court on July 29, 2020, after the investigation.
The Public Prosecutor opposed the bail and claimed that medical records show that both victims were injured and that accused Surdeep was a member of a gang with deadly weapons.
The prosecution claimed that if Surdeep was released on bail, he could obstruct the trial process by influencing or threatening witnesses.
The Surdeep’s Counsel argued he has been falsely implicated in the present case and neither his name is mentioned in the FIR nor has any recovery been made from him.
After hearing the arguments, the court concluded that, while the challan had been presented in court and the trial was ongoing, the accused was not entitled to discretionary bail relief.
“Rather, the possibility of his hampering the process of trial by influences or threatening the witnesses and also indulging into such like other offences may not be ruled out if allowed the bail,” the court noted.