RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case bearing FIR No. 252 dated 7.9.2018 registered under Sections 302, 307, 34 IPC, Section 180 IPC (added later on) and Section 25 (which is replaced with Section 27) of the Arms Act at Police Station Khol District Rewari.

(2.) At the time of passing of the aforesaid order on 9.4.2019, the order of committal dated 4.6.2019 in FIR No. 259 dated 14.9.2018 registered under Sections 148, 323, 341, 452 and 354 B read with Section 149 IPC, police station Dahina was not in existence. While committing the aforesaid case, the Judicial Magistrate, Ist Class, Rewari, vide order dated 4.6.2019 has observed in the following manner:-

(3.) As per the FIR, when the complainant along with Naveen and Nishant @ Nishu went towards the house of Balwan for discussing the matter/ issue, which took place 5-6 days prior to 7.9.2018, Balwan, Rakesh @ Raku and one more person armed with deadly weapons came there. Balwan fired a shot, which hit the complainant on the right side of his waist and also hit Naveen on his head. The second shot hit Naveen on his back. The complainant fled away from the spot, whereas, Naveen fell on the ground and thereafter, he was shifted to hospital where he was declared brought dead.