SURESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking regular bail in case FIR No.13 dated 12.01.2020 under Sections 307/148/149/323/452/506 IPC and Section 25 of Arms Act, registered at Police Station Adampur, District Hisar.

(2.) Per FIR allegations, complainant Dharam Pal, on 11.01.2020, requested Sharwan and Suresh sons of Jogi Ram, while they were spraying crop in the fields, to do so in downward direction, as it would damage crop in his field, adjacent to their field. However, they started abusing him. He then left for home but on the same day, at 6.00 PM, Sharwan and Suresh along with Rashil and Atam came to his Dhani. In his absence, all of them started abusing and pushed his mother Sakila and his wife Bimla and then went away. Few minutes later, complainant along with his brother Satpal and son of his uncle namely Chautha Ram also came to the Dhani. Sharwan, Suresh, Rashil and Atam along with 4/5 other persons, about 10 minutes later, again came back to the Dhani. Sharwan was carrying gun and others were carrying lathies and dandas. All the accused started beating complainant group. Out of fear, complainant ran towards his mustered fields. Sharwan then fired gun shot at him and the pallets hit his eyes and other parts of the body. Sharwan fired another gun shot at Chautha Ram. When a cousin of complainant also reached the spot, all the accused fled away along with their respective weapons.

(3.) Learned counsel for the petitioner contends that petitioner has been falsely implicated in the case. There is inordinate and unexplained delay in lodging the FIR. There is neither any allegation of causing any injury to the complainant or anybody else by the petitioner nor otherwise any specific role has been attributed to him. The investigation in the case is complete and challan has been presented. The petitioner is in custody since 05.02.2020.