IMRAN Vs. STATE OF HARYANA

JUDGEMENT

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

(2.) Petitioner seeks grant of regular bail under Sec. 439 Cr.P.C. in case bearing FIR No.396 dtd. 14/5/2019 registered under Ss. 148, 149, 323, 452, 364, 285, 302 of the Indian Penal Code, 1860 and Sec. 25 of the Arms Act, 1959 at Police Station Nuh, District Nuh.

(3.) FIR was registered on the statement of Saikul with the allegations that in the night of the date of occurrence at about12/12:30 AM, the complainant and others, heard the 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 to 12 persons were standing and pulling Sakir forcibly. The assailants were Sapat, Junaid sons of Kallu, Deenu, Bashir and Rashid alongwith 5-6 unknown persons. The complainant tried to rescue his brother. Thereafter, Junaid gave a blow on the left side of his neck with a pointed weapon. Junaid also gave second blow in the abdomen of the complainant from the reverse side. The assailants also gave injuries to sister-in-law of the complainant namely Yasmin and they forcibly kidnapped Sakir in a vehicle. The complainant and others chased them. Thereafter, Sapat fell down from the vehicle at the chowk. Sapat was apprehended by the complainant party. Remaining accused succeeded in taking away Sakir forcibly alongwith them while firing. The kidnappers had come in two vehicles. Sapat was tied with rope at the chowk and the Police was informed. Sapat ultimately died on that day on account of injuries on his person.