MOHD AASIM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner Mohd. Aasim, aged about 27 years, resident of Ward No.1, Hamid Colony, Nuh, an accused in FIR No.196 dated 4.5.2021, under Sections 148, 149, 341, 283, 332, 353, 307, 186, 188, 269, 270, 506 IPC and 51 of Disaster Management Act, 2005, registered with Police Station Sadar, Nuh.

(2.) Briefly stated, the facts of the case as per the prosecution story are that on 4.5.2021, Mr.Akhtar Hussain, Naib Tehsildar, Nuh submitted a written complaint along with MLR of Constable Anand to the police. Inter alia in the written complaint, the complainant contended that on 3.5.2021 at around 10:30 p.m. in compliance with the Government orders, some ventilators were to be transported from SHKMC and Hospital, Nalhar to Palwal Hospital for treatment of Corona patients; while complainant along with other officials were engaged in that job; some local persons interrupted them from doing so saying that the ventilators belong to them and they would not allow Naib Tehsildar, Nuh or any other official to remove those ventilators; those people turned violent; the complainant had called the police at the spot for assistance; the police tried to persuade and convince the people but to no effect; when the complainant and other officials began transporting the ventilators, then several people gathered and blocked the main gate of the hospital and began vandalizing and stone pelting on the complainant and other officials; some police officials were injured in the incident; the police had to fire tear gas shells to protect common people and patients; the police had to fire blank in the air also, only then the people started retreating; however, some of the mischief mongers were apprehended, which included Faijal son of Jaan Mohd., Sameer son of Juber, Barkat son of Jaakir, Iftikhar son of Naseer Ahmed, Raashid son of Ismaail, Arshad son of Islamuddin, Shahid son of Taaj Mohd. Kayamdeed son of Sher Khan, Shakir sonof Muse Khan, Shareef son of Jaakir whereas 50-60 persons managed to escape. On the basis of the written complaint, formal FIR was registered. Several accused were arrested in this case. Iron rods used in the incident were recovered. The arrested accused on being interrogated disclosed that present petitioner - Mohd. Aasim son of Mohd. Qasim, resident of Baded Punhana, currently residing at Ward No.1, Nuh City, along with Irfan and several other people had attacked the police party and shared provocative messages to gather the crowd; thereafter they snatched Rs.1,700/- from the pocket of uniform of Constable Anand.

(3.) After being nominated in this case, apprehending his arrest, the present petitioner had approached the Court of Sessions at Mewat by filing an application for grant of pre-arrest bail. His such application, which was assigned to Additional Sessions Judge, Mewat was dismissed vide order dated 6.7.2021. As such, the present petitioner has approached this Court by way of filing the instant petition asking for the similar relief, which request is being resisted by the State counsel.