BIJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) INVOKING the provisions of section 439 Cr.PC, petitioner Bijender son of Amar Singh, has applied for grant of regular bail in a case registered against him alongwith his other four co-accused, vide FIR No.32 dated 3.2..2009 for commission of the offences punishable under sections 148, 307, 323 and 324 read with section 149 IPC by the police of Police Station Tosham, Distt.Bhiwani.

(2.) NOTICE of the petition was issued to the State.

(3.) THE prosecution claimed that on 1.2.2009, the petitioner inflicted injury to complainant Jaipal son of Ram Kumar. No other specific role or overt act is attributed to him. It is not a matter of dispute that the main complainant injured witness, while appearing in the Court as PW5, has stated that the accused present in the Court did not cause any injury to him. THEy were not present at the spot. Meaning thereby, instead of supporting, the complainant (PW5) has totally demolished the prosecution version in its entirety and maintained that the petitioner did not cause any injury.