RAHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) (The case has been taken up for hearing through video conferencing.) The petitioner has filed the present (second) petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.315 dated 23.05.2020 registered under Sections 323, 324, 326, 188 read with Section 34 of the Indian Penal Code, 1860 in Police Station City Sirsa, District Sirsa.

(2.) The present FIR was registered on statement of complainant Ramu who alleged that on the intervening night of 22/23.05.2020 at about 01:30 A.M., when he was sleeping in front of shop No.17, under the shed of Additional Mandi and his brother Vicky was sleeping inside shop No.19 and his brother Anil was sleeping outside shop No.19, a white coloured car stopped in front of shop No.19 out of which four occupants alighted while having swords in their hands and they all started giving sword blows on the hands as well as neck of his brother Anil who raised noise which attracted the complainant and his brother Vicky who saw Aman Pahalwan and Rahul Adiwal (petitioner) along with two other unknown persons giving sword blows to their brother Anil. When they challenged, all the assailants fled from the spot with their respective weapons.

(3.) The petitioner was arrested in the case on 06.05.2020. First petition for grant of regular bail filed by the petitioner was dismissed vide order dated 07.08.2020 passed by this Court. The petitioner has filed the present second petition for grant of regular bail on the ground of change in the circumstances.