Partly allowed

Ankush Kaushal v. State of Punjab

Punjab & Haryana HC11 May 2009CRM-M/4855/2009

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana disposed of three criminal miscellaneous applications for bail arising from an incident where a college student died. The bench held that two petitioners who inflicted injuries were ineligible for bail, while the third petitioner was granted bail.

What did the court decide?

Bail applications of Vikas Chitra and Ruder Partap Singh dismissed; bail application of Ankush Kaushal accepted and he released.

Ankush Kaushal Vs State of Punjab — Murder and Culpable Homicide | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision : May 12, 2009

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1. Criminal Misc.-M No. 4855 of 2009 (O&M) Ankush Kaushal (Khatri) versus State of Punjab

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2. Criminal Misc.-M No. 6679 of 2009 (O&M) Ruder Partap Singh versus State of Punjab

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3. Criminal Misc.-M No. 11274 of 2009 (O&M) Vikas Chitra versus State of Punjab

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Coram: Hon'ble Mr. Justice K.C. Puri

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Present : Mr. Pankaj Katia, Advocate for Ankush Kaushal-petitioner Mr. V.Ramsarup, Advocate for Ruder Partap Singh-petitioner Mr. Akshay Bhan, Advocate for Vikas Chitra-petitioner

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Mr. A.P.S. Mann, Sr. DAG Punjab

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K.C. Puri, J. (Oral)

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Vide this order, I intend to dispose of Criminal Misc.-M No. 4855 of 2009, Criminal Misc.-M No. 6679 of 2009 and Criminal Misc.-M No. 11274 of 2009, as they have arisen out of same FIR.

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The law was set at motion on recording of statement of Hari Singh son of Chanan Singh, father of unfortunate deceased. He has stated that he has his own business. His son Gurinder Singh, was a student of Swami Vivekanand College and was doing course of IT, third year. On 3.9.2008, the birthday party of Manpreet Singh, a student of Swami Vivekanand College was being celebrated in Sandhu Residency Hotel, Banur, in which his son along with his friends namely Amritpal Singh son

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Criminal Misc.-M No. 4855 of 2009

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of Bhupinder Singh resident of Gurdaspur, Amit Sharma son of Sham Lal resident of Chandigarh and Amit Bector son of Sudhir Bector resident of Patiala along with 20/25 students were present. In this party, Ruder Partap, Nasim, Vikas and one more boy who was being called Khatri and resides in Himachal, around 3.30 AM, started creating a chaos without any reason and started throwing bottles, plates at each other. They had already consumed a lot of alcohol before coming to this party. After having more alcohol at the party they started throwing glass plates and bottles at other people and the sikh boy called from outside by Vikas Kaul Garh, injured Gurinder Singh by a kirch and that sikh boy was of mediocre height. This whole incident was witnesses by Amrit Pal, Amanpreet Sharma, Aman Bector who are close friends of his son. The motive was that these persons in college use to pass comments on each other, on account of this, these four with the connivance of calling one unidentified person from outside, inflicted injuries to his son Gurinder Singh, who expired on account of same.

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In the supplementary statement made by Hari Singh, he has stated that Vikas has inflicted injuries with kirpan upon his son and other un-known person who accompany Vikas was son of Gurbachan Singh.

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During investigation, statements of Karambir Singh and Gurvinder Bir Singh were recorded who have stated that Nasim and Ruder Partap have caught hold the deceased while Vikas inflicted injuries.

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So far as Vikas Chitra accused is concerned, he is stated to have given fatal injury with kirpan. Ruder Partap Singh accused is stated to have caught hold the deceased along with Nasim. So, I am of the

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Criminal Misc.-M No. 4855 of 2009(O&M)

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considered view that Vikas Chitra and Ruder Partap Singh are not entitled to the concession of bail. So, their bail applications stand dismissed.

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So far as Ankush Kaushal (Khatri) is concerned, no specific part is attributed to him in inflicting injuries to the deceased. In these circumstances, his application for the grant of bail is accepted and he is released on bail to the satisfaction of the trial court.

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May 12, 2009 ' dalbir'

Ankush Kaushal v. State of Punjab

Case brief

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Ankush Kaushal v. State of Punjab

Case brief

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