355-19 State Vs. Dr.

Amandeep Mittal

CNR No.PBBT03-003579-2019 CIS No.BA-355/2019

Present: Sh.H.S.Joga, Counsel for accused-applicant.

Sh.Sajan, APP for the State.

Bail application was filed on behalf of accused-applicant Dr.

Amandeep Mittal. Notice was given to the State but no reply has been filed by

the State to the bail application. However learned APP for the State

addressed the arguments.

Arguments heard. Learned counsel for the accused argued that

although FIR is registered under Sections 326, 323 IPC but from the

MLR, it is clear that these are with blunt weapon. At the most offence

under section 325 IPC is made out which is bailable offence. There is

matrimonial dispute which has resulted in filing of present case. Accused

is innocent. He be released on bail.

On the other hand, learned APP for the State argued that

allegations accused the accused are very serious in nature. Accused had

beaten away the nose of the complainant. Teeth if used as an offence, are

dangerous weapons as they are instruments for cutting. Therefore, offence

under section 326 IPC is made out. Accused is not entitled to bail.

After hearing the rival contentions of both the parties, I have

perused the file.

As per allegations of the complainant, accused was habitual

of taking drugs and used to beat complainant. That on 20.05.2019, when

complainant asked him to stop taking drug, she was beaten up by the

accused. Accused gave bite injuries on her body and had cut away the

nose with his teeth. Teeth are instrument of cutting and falls within the
(Gurmeet Tiwana, PCS) CJM
UID No.PB 0249
I attest to the accuracy and authenticity of
this document.
Digitally signed by KAPIL KUMAR
DN: cn=KAPIL KUMAR, ou=JUDICIAL,CID -
6365022, o=DISTRICT AND SESSION
COURT BATHINDA, st=Punjab, c=IN
Date: 2019.05.28 15:33:32 +0530
 dangerous weapon for the purpose of section 326 IPC. The act of the

accused has caused disfigurement and amounts to grievous injury. The act

of the accused seems to be rather barbaric. Accused is not entitled to bail.

The present bail application is dismissed.

Pronounced in open Court: (Gurmeet Tiwana) PCS

27.05.2019 Chief Judicial Magistrate,
Bathinda.
(UID PB 0249)
Kapil Kumar
Stenographer II

I attest to the accuracy and

authenticity of this document.
Digitally signed by KAPIL KUMAR
DN: cn=KAPIL KUMAR,
ou=JUDICIAL,CID - 6365022,
o=DISTRICT AND SESSION COURT
BATHINDA, st=Punjab, c=IN
Date: 2019.05.28 15:33:35 +0530

(Gurmeet Tiwana, PCS) CJM

UID No.PB 0249