ARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case was taken up for hearing through video conferencing.

(2.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.396 dated 14.05.2019, registered under Sections 148/149/323/364/285/452 IPC and Sections 25- 54-59 of the Arms Act (Section 302 IPC added later on) at Police Station Nuh, District Mewat.

(3.) The FIR was registered on the statement of Saikul with the allegations that in the night of occurrence at about 12/12.30 A.M., the complainant and others head cries of his brother Sakir and his wife Yasmin. The complainant, his wife, his father and his mother woke up and came out of the house and saw that 10- 12 persons were standing and pulling Sakir forcibly. Those persons were Sapat, Junaid sons of Kallu, Deenu, Bashir and Rashid along with 5-6 unknown persons. When the complainant tried to rescue his brother, then Junaid gave a blow on left side of his neck with a pointed weapon. He gave second blow in the abdomen of the complainant from reverse side. The assailants also gave injuries to the sister-in-law of the complainant namely Yasmin and they forcibly kidnapped Sakir in a vehicle. The complainant-party chased them, then Sapat fell down from the vehicle at the Chowk. Sapat was apprehended. The remaining accused succeeded in taking away Sakir forcibly while firing. The kidnappers had come in two vehicles. Sapat was tied with ropes at the Chowk and police was informed. Sapat ultimately died on that very day on account of injuries on his person. FIR No.397 was registered on 14.05.2019 under Sections 148, 149, 307, 302, 365 IPC and Sections 25/54/59 of the Arms Act in respect of murder of Sapat by Deenu at about 2.47 P.M.