SONI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) By this order, the aforementioned petitions for grant of prearrest bail are decided being arising out of the same FIR i.e. FIR No.46 dated 28.02.2021, for offences under Sections 147, 148, 323, 341, 452, 506 IPC (Section 307 IPC added later on), registered with Police Station Sadhaura, District Yamuna Nagar.

(3.) Briefly stated the facts of the case as per prosecution story are that, on 27.02.2021, Gurmeet Singh along with his wife Kajal had gone to Ravidas Temple situated in Village Safilpur, Police Station Sadhaura for offering prayers; at about 2.10 PM, they were attacked by Raj Kumar and Suraj, however, the matter was pacified; after sometime, Raj Kumar, Rahul @ Suraj, Rinku, Soni, Gaurav, Bindu, Vicky, Shunty, Jaipal, Shish Ram, Raman, Vishal, Sapna, Satya, Naresho, Vikas, Rohit and Rinchu armed with dandas, bindas along with 8-10 other persons in prosecution of their common object trespassed in the house of Gurmeet and attacked Jaswant, Kiranpal, Manish Kumar, Bali Ram, Gurmeet, Kajal and Ram Karan with their respective weapons; Vishal had given a danda blow on right hand of complainant Rajinder Kumar; Naresho gave a danda blow to Rajinder Kumar on his head; Rinku, Gaurav and Bittu caused injuries to Manish with dandas; Raj Kumar, Suraj @ Rahul, Soni and Shunty inflicted injuries upon Gurmeet with dandas; Ranchu and Jaipal caused injuries to Kiran Pal; Rohit and Shish gave danda blows to Jaswant, whereas, Raman and Suraj @ Rahul gave danda blows to Bali Ram; Raj Kumar, Sapna and Satya caused injuries to Kajal; Gaurav, Shish pAL and Shunty caused injuries to Ram Karan by giving leg and fist blows; thereafter, several people gathered at the spot and they rescued the victims from the assailants; while leaving the spot, the assailants threatened to kill the persons from complainant side; while the injured/victims were going to hospital for treatment, the assailants/accused restrained them from doing so by throwing brick bats on them; the motive for the incident was that Gurmeet Singh, cousin brother of complainant had performed love marriage with Kajal, resident of the same village on 09.09.2019, which left the accused/assailants, who are family members and relatives of Kajal, aggrieved and for that reason, they had carried out the attack; on matter being reported to the police, formal FIR in the matter was recorded and investigation in the case started; injury No.1, which is a head injury on the person of Kiranpal has been opined as injury, which could be dangerous to life; Jaipal and Ranchu, to whom such injury has been attributed, have since been arrested, whereas, the remaining assailants/accused apprehending their arrest in this case, had approached the Court of Sessions at Yamuna Nagar at Jagadhri by filing applications for grant of pre-arrest bail. However, their such applications were dismissed. Feeling aggrieved, they have approached this Court, craving for grant of similar relief, which request is being opposed by the State counsel and counsel for the complainant.