LAWS(P&H)-2021-5-48

DEVENDER Vs. STATE OF HARYANA

Decided On May 13, 2021
DEVENDER Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 439 Cr.P.C for grant of regular bail in case FIR No.113 dtd. 24/4/2020 under Ss. 323, 34, 379B, 506 IPC (Ss. 302, 325, 201 IPC added lateron), Police Station Industrial Area, District Bhiwani, Haryana.

(2.) The FIR was lodged on the complaint of Sikandar son of Devender. He stated that he was a Bank Manager in the HDFC Bank. His friend Vikas Gaur, who was living in Karnal had come to Bhiwani some days prior to the date of the incident. On 21/4/2020, the complainant was with his friend Satender @ Billu, who was also working in the HDFC Bank. Vikas Gaur called the complainant. He stated that he was staying at Gaur Guest House, Bhiwani which belonged to his brother Rakesh Gaur. He asked the complainant to come to the said hotel, whereupon, the complainant and Satender went to Gaur Guest House in the car of the complainant. There, the complainant, Satender and Vikas had meals together. Satender went to a room in the hotel to rest. Vikas also went outside. After some time, the complainant heard noise of some arguments, whereupon, he noticed that Vikas was arguing with Devender, who was a friend of Tony. Tony was the nephew of Rakesh Gaur, the owner of the hotel. The petitioner asked them not to quarrel. Meanwhile, Tony the nephew of Rakesh Gaur came there along with one Prem @ Chamoli, who was also working in the hotel. Tony was carrying a baton. Tony started hitting the complainant with the baton. Devender and Prem @ Chamoli started kicking and giving fist blows to the complainant. Tony caused injuries on the elbow of the left hand and head of the complainant using the baton causing him to fall down. The complainant was rescued by Vikas.

(3.) Then Tony told the complainant that as he (complainant) was his uncle in relationship so they were on the same side and that he should not interfere.