AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 187 dtd. 23/3/2018, registered under Ss. 148, 149, 323, 341, 325, 506, 302, 120-B of the IPC at Police Station Sadar, Bahadurgarh, District Jhajjar.

(2.) Learned counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of complainant Ashok Kumar, it is stated that on 22/3/2018, he was sitting in front of his house and his grandson Sarthi was playing in the street. In the meantime, his neighbour co-accused Sunil came on a cycle and frightened his grandson. On this, his son Nikesh told Sunil to ride the cycle carefully, however, he started fighting with Nikesh. Thereafter, he came with co-accused Kirshan and Birpal and threatened that why they have admonished Sunil and 1 of 4 thereafter they went away. Thereafter, Sunil, Anil, Amit, Mukesh threw brick bats towards the complainant's side and the complainant along with his son Omvir came to Police Post for reporting the case. When the complainant reached in front of the house of Pappal Prajapati, then Amit, Sunil, Anil, Pawan, Ankit, Kirshan, Kamlesh were standing there carrying pipes and rods in their hands. In the meantime, sons of the complainant, namely Nasib and Nikesh, and nephew Pawan came on the motorcycle. Kirshan stopped all of them and stated that they will be taught a lesson for admonishing Sunil. They all started giving beatings to complainant's side with pipes and rods. They caused multiple injuries to Nasib, Nikesh and Pawan. On seeing the fight, complainant's uncle Krishan and others reached there and thereafter, all the accused persons ran away. Later Nikesh died due to injuries caused by accused.

(3.) Learned counsel further submits that PW-1/complainant Ashok Kumar, while appearing in Court, has though named the petitioner along with others, however, no specific role has been attributed to him and it is stated that all the accused persons, in conspiracy with each other, attacked the complainant's side and caused injuries. Learned counsel has also referred to the statement of PW-2 Pawan Kumar, PW-6 Naseeb and PW-7 Raj Singh, wherein similar allegations have been levelled. It is further submitted that all the witnesses are consistent at one point that the dispute arose when Sunil s/o Krishan (petitioner's brother) came on a cycle and frightened the grandson of Ashok Kumar and on that occasion, a verbal spat took place between deceased Nikesh and Sanjay and later on, all the accused persons, in conspiracy with each other, caused injuries to complainant's side.