SOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in FIR No.83 dated 28.06.2018 under Sections 25/30 of Arms Act, Sections 120-B, 148 149, 302, 307, 323, 427, 506, 201 IPC and Section 3 of SC&ST Act, registered at Police Station Kalka, District Panchkula.

(2.) Learned counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of Yograj @ Pinki, on 28.06.2018, he along with his friends, as named in the FIR, had gone to celebrate the birthday of Vikram @ Vicky Chemy near Village Paploha. At about 4.30 in the evening, six cars, having 30 young boys, holding swords, sticks and rods, came there and started fired indiscriminately. The complainant saw Umesh Kumar @ Matru, Akram, Pama, who were having 12 bore gun, Gurmeet @ Rhoda, Madan @ Madu, Satta, Makhan, Rinku, Gola, Deepu Kaimbwala, Saurav Jassu and Billawere holding pistols and swords and they started firing. Vikram @ Vicky Chemy hide himself at back seat of white Scropio and Umesh Kumar @ Matru, Pamma Baddi and Akram started firing, due to which he died at the spot. The complainant and others, in order to save their lives, started running and they were chased by Makhan Sukhomajri, Madan @ Maddu, Gurmeet @ Rhoda Sukhomajri, Gola, Rinku, Billa, Satta Manakpur, Deepu, Ram Gopal @ Palo, Saurav Jassu and Yashpal @ Yashu and some other persons. The assailants were firing and in that process, Dalip @ Deepa got injuries near his waist, Lakhwinder @ Happy got injuries on arm, Mahinder @ Minder got a sword blow, Harwinder @ Pola got a gunshot injury and Nirmal @ Happy got a rod blow. The assailants also damaged their car standing there with the swords and rods and ran away towards Kalka. It is further stated that the assailants, on asking of Bhupender Singh @ Babbu and Shamlal Tagra, had come to kill the complainant and his friends, because earlier they had a fight with Bhupender Singh @ Babbu and Shamlal Tagra, wherein Shamlal Tagra suffered injuries and they were having grudge against us.

(3.) Learned counsel for the petitioner further submits that the petitioner was not named in the FIR and there is a specific motive attributed in the FIR towards co-accused and some of the co-accused have been specifically named, who have caused firearm injuries to Vikram @ Vicky Chemy, who died on the spot. It is further submitted that even the accused persons are specifically named in the FIR, who caused injuries to the injured/eyewitnesses and were trying to run away from the spot and only evidence against the petitioner is the disclosure statements of Hem Raj, Pawan @ Pappi and Pawan @ Billa that he was part of the conspiracy and was in touch with Pawan @ Billa on his mobile phone and had gone to the place, where the conspiracy was hatched. It is thus submitted that only allegation against the petitioner is of conspiracy and there is no direct allegation against him, of causing any injury to any person, as he was not even named in the FIR.