SAURABH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Having exercised his right of anticipatory bail and lost in the Court of Session, petitioner Saurabh son of Ramesh Kumar, has directed the present petition for anticipatory bail in a case registered against him and his other coaccused, vide FIR No.331 dated 25.3.2010 (Annexure P1), on accusation of having committed the offences punishable under sections 148, 302, 323, 325 and 506 read with section 149 IPC by the police of Police Station City Karnal, invoking the provisions of section 438 Cr.PC.

(2.) Concisely, the prosecution claimed that on 24.3.2010 at about 6.00 P.M., as soon as the complainant reached at Namaste Chowk, Karnal, in the meantime, all the accused formed an unlawful assembly and came to the spot armed with deadly weapons, such like lathi, gandasi and rod and caused injuries to Pushpender Vasu, culminating into his death. There are direct allegations that the petitioner gave lathi blows on the leg of the deceased. Meaning thereby, specific role is attributed to the petitioner that he caused injuries with the lathi to the deceased.

(3.) In this respect, the court of Addl. Sessions Judge observed as under:-