Allowed

Vikas Kumar v. State of Haryana

Punjab & Haryana HC20 Nov 2012CRM-M/27199/2012

Case brief

AI extract

What is this about?

The High Court disposed of two concurrent bail petitions by Vikas Kumar and Jagbir @ Manu arising from the same FIR. The court noted the complainant's absence despite summons and ordered the petitions allowed, directing release to trial court's satisfaction.

What did the court decide?

Petitioners' bail petitions allowed; they are ordered to be released on bail to the satisfaction of the trial court.

Vikas Kumar Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2012)

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CRM NO. M-27199 OF 2012(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM NO. M-27199 OF 2012(O&M) DECIDED ON : 20.11.2012

Vikas Kumar

...Petitioner

versus

State of Haryana

...Respondent

AND

CRM NO. M-34745 OF 2012(O&M)

Jagbir @ Manu

...Petitioner

versus

State of Haryana

...Respondent

CORAM : HON'BLE MR. JUSTICE K. C. PURI

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Present : Mr. G. S. Sandhu, Advocate, for the petitioner in CRM No. M-27199 of 2012.

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Mr. Rajesh Malik, Advocate, for the petitioner in CRM No. M-34745 of 2012.

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Mr. Amandeep Singh, AAG, Haryana.

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K. C. PURI, J. (ORAL)

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Vide this common order, I intend to dispose of two petitions bearing CRM No. M-27199 of 2012 titled as, “Vikas Kumar vs. State of Haryana” and CRM No. M-34745 of 2012 titled as, “Jagbir @ Manu vs. State of Haryana”, as the same have arisen out of the same FIR.

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CRM NO. M-27199 OF 2012(O&M)

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The law was set in motion by recording the statement of Manjit widow of late Rajinder Singh, who has stated that she along with her relative Balbir Singh, Parveen Kumar and Ram Kumar was coming to Assand Court in Car bearing registration No.HR-06-F-0720. The car was being driven by Balbir Singh. Ram Kumar was sitting on his left side. On the rear seat, Parveen was sitting behind the driver seat and on the left side of Parveen, he was sitting. On the outside of the gate of Court, one motorcycle make Pulsar black coloured was parked and two boys were sitting on it. Another boy was standing there. The boy who was standing near, was Sanjay and one boy sitting on the motorcycle was son of Krishna who is wife of Ranbir and sister of Gaje Singh. She cannot recognize the third person. On seeing their car, Sanjay fired shot from his pistol with an intention to kill her. The bullet hit on her right shoulder. After firing, all the three boys entered in Assand on motorcycle through roads leading from cremation ground towards Malakpur.

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In the supplementary statement as well as statement recorded under Section 161 Cr.P.C., Anand was mentioned as the person who fired shot and the allegation against Vikas Kumar is only of conspiracy and the allegation against Jagbir is that he was present at the spot. No injury has been attributed to him.

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On the last date of hearing, learned counsel for the complainant Shri Pravinder Singh Chauhan, Advocate has appeared and stated that complainant be allowed to be examined

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CRM NO. M-27199 OF 2012(O&M)

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and has undertaken to produce the complainant in the trial Court on 12.11.2012.

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Learned counsel for the petitioner(s) has placed on record the zimni order dated 12.11.2012 on the file, in which it is mentioned that Manjit complainant was served but she did not appear in court and she has been summoned through bailable warrants for 18.01.2013. Today also none has appeared on behalf of the complainant.

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The petitioners are in custody since May, 2012. The allegation against petitioner Vikas Kumar is that of conspiracy, whereas no injury has been attributed to petitioner Jagbir @ Manu.

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So, without commenting on the merits of the case, both the petitions stand allowed. The petitioners are ordered to be released on bail to the satisfaction of trial Court.

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NOVEMBER 20, 2012 (K. C. PURI) shalini JUDGE

Vikas Kumar v. State of Haryana

Case brief

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Vikas Kumar v. State of Haryana

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