SATISH KUMAR 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.489 dtd. 16/8/2020 registered under Ss. 148, 149, 307 IPC and Sec. 25 of the Arms Act at Police Station Sirsa City, District Sirsa.

(3.) Learned counsel for the petitioner submits that though the petitioner has been named in the FIR, but no specific role has been attributed to him in respect of alleged injury caused to the complainant. The FIR is silent with regard to authorship of gun shot injury. There was a quarrel between Satish @ Chiranji (petitioner) and Sonu about 2-3 days prior to the incident in question and the petitioner gave threats of killing to Sonu. On 15/8/2020 at about 11:30 PM when the complainant (Ajay) along with Sonu was going on motorcycle to drop Sonu at J.J. Colony Sirsa, then the petitioner, Ashu, Max, Sunny Pandit and Abhay were found standing in the street. When the complainant and Sonu tried to escape on motorcycle, they fired at Sonu with an intention to kill him, but the fire hit on the neck of the complainant. It could not be ascertained due to dark as to who had fired upon the complainant party.