MANU DATANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in FIR No.513 dtd. 9/12/2015 under Ss. 302/34 IPC and Sec. 25 of Arms Act (challan has been presented under Ss. 304, 109, 285, 34 IPC and Ss. 25/30 of Arms Act), registered at Police Station Indri, District Karnal.

(2.) Brief facts of the case are that the FIR was registered against the unknown persons on the basis of statement of Mohtram with the allegations that on 9/12/2015, in the night, at about 1.00 pm, Mehtab, who is his elder brother told him that they are coming by taking Canter No.PB-13-AL-9716 to cast their votes from Punjab, Nawanshehar and they reached at Indri and he should reach at Yamuna River by taking tractor. Due to heavy fog in the night, the canter went to Bhanu Kheri way towards mine of sand instead of Yamuna Ghat. His brother again made a telephonic call to him that they have reached near mines of sand at Bhanu Kheri. Their vehicle was stopped as its tyre came underneath the sand and then he, while taking tractor, reached to the Yamuna River sand mine i.e. near the canter and took out the canter from the sand and started returning towards village Bhanu Kheri and when they reached at T point Bhanu Kheri, they stopped the tractor on seeing the harrow on the road and started removing the harrow from the road and at that time, firing from the side of field of Bhanu Kheri was done and in the said firing, Khushnood son of Shamshad, resident of Bhalla Majra, who was sitting near the dala of the canter sustained bullet injury and another person Ahsaan son of Shahanvaj, who was sitting in the canter's cabin also sustained gunshot injury. Khushnood died at the spot, due to gunshot injury and after making arrangement of ambulance, Ahsaan was sent to Govt. Hospital, Karnal for the treatment and other persons namely Parvesh and Ali Hassan also sustained injuries due to pallets. When gunshots were being fired upon them, they in loud voice cried that they are going to village Bhalla Majra, UP for casting votes, they are not cow smugglers, but they did not listen to them and continuously fired upon them.

(3.) On 2/9/2019, following order was passed by this Court: -