LAWS(P&H)-2020-2-246

SHUBHAM KUMAR Vs. STATE OF HARYANA

Decided On February 26, 2020
Shubham Kumar Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This order shall dispose of the above mentioned three petitions filed on behalf of Shubham Kumar, Mukesh Kumar and Mohit seeking grant of anticipatory bail in a case registered against them vide FIR No.82 dated 8.3.2019 under Sections 148/149/323/452/506/120-B IPC at Police Station Naraingarh, District Ambala.

(2.) The FIR was lodged at the instance of Pardeep Kumar wherein it has been alleged that on 7.3.2019 at about 7 P.M. when he was sitting inside his milk dairy, then suddenly 5-6 persons came inside his dairy, who had their faces covered with cloth. One of them was carrying a 'sword' and the others were carrying 'wooden sticks' in their hands and they all attacked him and caused injuries to him. It is alleged that the person carrying a 'sword' gave a blow with the same hitting the little finger of his left hand and he also gave another blow with his 'sword' on his left elbow. It is further stated therein that the complainant suspects that one of them was Mukesh, who had attacked him along with his companions.

(3.) The learned counsel for the petitioners have submitted that they are not named in the FIR and have been nominated as accused pursuant to disclosure statement made by one Mukesh son of Gurnam Singh, who was arrested in the present case. It has further been submitted that in any case, the story as putforth in the FIR is not substantiated from the medical evidence inasmuch as not even a single injury was found to be incised wound which can be said to be inflicted by a 'sword'.