HIMANSHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This second petition for pre-arrest bail has been filed by petitioner Himanshu, an accused in FIR No.436 dtd. 6/10/2019, for offences under Ss. 148, 149, 323, 452, 506 IPC (Ss. 307 and 325 IPC added later on), registered with Police Station Ganaur, District Sonepat.

(2.) Briefly stated the prosecution story is that, on 5/10/2019 at about 8.30 PM in the area of Village Khijjar Pur, Ahir Majra, Sonepat within jurisdiction of Police Station Ganaur, accused Rambir carrying an iron pipe, his sons Himanshu (petitioner/accused) and Abhishek carrying bodkins (suas) along with their co-accused Babli and Sheetal had attacked Dharampal causing him injuries; Himanshu and Abhishek are said to have repeatedly attacked Dharampal causing him injuries on vital parts including on chest and back; keeping in view the nature of injuries to be grievous and dangerous to life, offences under Sec. 307 and 325 IPC were added later on.

(3.) Shakuntla @ Babli and Himanshu could not get the relief of pre-arrest bail from the Court of Sessions at Sonepat for offences under Ss. 307 and 325 IPC; thereafter, they had approached this Court seeking similar relief by way of filing CRM-M-8085-2020; that petition was disposed of inasmuch as concession of anticipatory bail was granted to petitioner Shakuntla @ Babli but it was declined to Himanshu, observing that as informed by the State counsel, though, petitioner Himanshu had joined the investigation but he had neither got the weapon used in the incident recovered nor rendered proper cooperation in the investigation, therefore, his custodial interrogation was found to be necessary to effect the recovery of weapon used in the incident and to find out as to how the incident was planned and executed, the role played by each one of the assailants, from where the weapon used in the incident were procured and where they were concealed/dumped after the incident, the gravity and seriousness of allegations against petitioner Himanshu were also found to dis-entitle him to grant of pre-arrest bail; a detailed order giving reasons was passed on 26/7/2021.