Akhil Alias Chandu Vs State of Punjab

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REEMA SAINI

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2026.07.17 15:53 I attest to the accuracy and integrity of this document High Court, Chandigarh

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CRM-M-8969 of 2026 (O&M)

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hit his car from the back side. 10-12 boys came out from the cars including Sandeep Kumar @ Sandy, Sonu Topy brother of Sandy and Ram, resident of Jujhar Nagar, Chandu, Tota, Mani Jatt and Rahul Goel besides 10-12 unknown persons. Sandeep Kumar @ Sandy was armed with pistol, Chandu was armed with ‘garari’, while remaining were armed with wooden sticks, iron rods etc. Sandy pulled him out from the car aiming the pistol at his ear, remaining boys broke his car with their weapons. When he opposed them, Chandu attacked him 3-4 times on the head with ‘ garari’ with the intention to kill him. He fell down and was beaten up with Dandas and Iron rods. His friend Aashu son of Jeetu arrived and intervened but he too was beaten up. The assailants also snatched the gold chain he was wearing. While going, they drove their car over him, rendering him unconscious. He was admitted in Civil Hospital, Phase-6, Mohali, where his family members reached. Thereafter, he was referred to Govt. Hospital, Sector 32 Chandigarh and was discharged on 11.08.2024. Sometime ago, there was a dispute between family of Sandeep Kumar @ Sandy and one Anju Sarohi. He was assaulted for helping Anju Sarohi.

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Learned counsel for the petitioner submits that the petitioner was in custody w.e.f. 26.08.2025. All co-accused were out on bail, whereas Sandeep Kumar @ Sandy was declared innocent by the police. He further submits that the police invoked Section 109 BNS though injuries on the person of the complainant were declared grievous in nature. No offence under Section 109 BNS was made out on the basis of medical opinion. Petitioner, who was in custody for the last 10 months, deserved to be enlarged on regular bail.

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REEMA SAINI 2026.07.17 15:53 I attest to the accuracy and integrity of this document High Court, Chandigarh

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CRM-M-8969 of 2026 (O&M)

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Learned State counsel opposes the prayer for regular bail submitting that petitioner was attributed garari blow on head of the complainant resulting in fracture, which reflected his intention to commit murder and the police rightly invoked Section 109 BNS. Considering the serious nature of allegations against the petitioner, he did not deserve the concession of regular bail.

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Petitioner is in custody w.e.f. 26.08.2025 i.e. for the last more than 10 months. Investigation of the case is complete. Challan has been presented. Co-accused Raj Kumar @ Sonu Topi, Ram Kumar, Manvir Singh Mani, Sonu Singh and Akhil @ Chandu have already been granted regular bail while co-accused Deepak Kumar has been allowed anticipatory bail by Additional Sessions Judge, SAS Nagar, Mohali. Although the head injury allegedly inflicted by the petitioner has resulted in fracture of occipital bone, as per report of medical expert, the injury is grievous in nature. Whether, in the circumstances, ingredients of offence under Section 109 BNS would be attracted, would be moot point during the trial. Out of 24 witnesses, none has been examined till date. Petitioner has a right to speedy trial by virtue of Article 21 of the Constitution of India which appears to be adversely effected. Petitioner is permanent resident of Dhanas, Chandigarh. His involvement in one another FIR, wherein he is on bail, cannot be used to decline the concession of regular bail. Considering the period of incarceration and all relevant facts and circumstances of the case but without commenting on merits, petitioner is ordered to be released on regular bail subject to his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate.

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REEMA SAINI 2026.07.17 15:53 I attest to the accuracy and integrity of this document High Court, Chandigarh

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CRM-M-8969 of 2026 (O&M)

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All the pending miscellaneous applications, if any, stand

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disposed of.

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(SHALINI SINGH NAGPAL) JUDGE 17.07.2026 reema Whether speaking/reasoned : Yes Whether reportable : No