NAUSHAD AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicants Naushad and Julfan, seek bail in case crime No. 278 of 2015, under Section 323, 324, 452, 504, 302, 34 IPC, registered with police station Bhagwanpur, District Haridwar.

(2.) Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the bail application.

(3.) As per prosecution story, on 12.11.2015, at 00.20 hours, complainant Sajid lodged a report with P.S. Bhagwanpur against accused Naushad, Julfan, Farman, Taj Mohamman and Yakoob, alleging therein that his cousin Mohsin @ Monu was living with them in their house since last 2 months and was doing work of mason with Javed, son of maternal uncle of Mohsin @ Monu. There is enmity between our family and family of Julfan and Naushad. On 11.11.2015, at about 06:30 P.M., Julfan unnecessarily started hurling abuses on Mohsin @ Monu. Mohsin @ Monu was accompanied with Salman, son of his maternal uncle. When Mohsin refrained them from doing so, then Naushad, Julfan, Farman, Taj Mohammad and Yakub, with common intention, trespassed the house of complainant, threatened and assaulted Mohsin with sharp edged weapon, iron rod and stick. Mohsin @ Monu rushed towards the roof in order to save his life. On this, all the accused chased him to the roof and assaulted Mohsin with the intention to kill him. Accused persons also assaulted Salman. On hue and cry being raised, Sayaad and Ajaz along with complainant reached there. On seeing them, the accused persons fled away from the place of incident. The injured were rushed to hospital, where the doctors declared Mohsin @ Monu as 'dead on arrival'.