ASHISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above mentioned two petitions wherein petitioners Ashish @ Bablu and Veerpal, seek grant of regular bail in a case registered vide FIR No. 200, dtd. 25/9/2020, Police Station DLF Phase-1, Gurugram, under Ss. 147, 148, 149, 307, 384 IPC and Ss. 25(1-B)(a) and 27(B) of the Arms Act.

(2.) The FIR was lodged at the instance of Harinder s/o Des Raj wherein it is alleged that his brother Manoj Kumar is plying a vehicle in Bandhwari Garbage Plant, for the purpose of shifting the garbage. On 25/9/2020, at about 8 am, they came to know that Manoj S/o Ghasi (from the opposite side) along with his brother and other accomplices had stopped their vehicle. Upon coming to know about the same, the complainant Harinder along with his brother Manoj went to Bandhwari Garbage Plant, where they saw the accused Manoj, Lalit, Rohit, Yogesh, Veerpal, Avtar @ Monu, Bablu (Ashish) and another relative of Manoj s/o Ghasi and who all were carrying sticks and illegal weapons. When the complainant confronted them as to why they had stopped their vehicle, they retorted that it is only the vehicle belonging to the accused which will run in the garbage plant and that in case the complainant wishes to ply his vehicle there, he would have to pay on weekly basis to them. When the complainant said that they were plying the vehicle as per law, Yogesh and Rohit gave slaps to the complainant and to his brother. Upon the complainant and his brother offering resistence, Lalit and Veerpal inflicted blows with stick. Thereafter Manoj s/o Ghasi (accused) and Avtar @ Monu exhorted their companions that pistols be used. Upon which Manoj s/o Ghasi, Lalit, Rohit, Yogesh and Veerpal inflicted injuries with their respective weapons. About 10-12 shots were fired at them. The firearm shots which had been fired by Yogesh and Rohit hit the complainant and his brother while the other shots did not hit them. The complainant and his brother upon receipt of gunshot injuries fell on ground and the assailants threafter fled away from the spot presuming them to be dead.

(3.) Learned counsel for the petitioners have submitted that it is a case of cross-versions and that another FIR i.e. FIR No. 202, dtd. 26/9/2020, Police Station DLF Phase-1, Gurugram, under Ss. 147, 148, 149, 307 IPC and Ss. 25(1-B)(a) and 27-B of the Arms Act, has been lodged in respect of the same occurrence against the opposite side wherein also 8 persons had been arrayed as accused and the said members of the opposite party were also armed with weapons and had fired at the party of the accused. It has further been submitted that in view of the almost identical allegations levelled by both the parties in the cross-cases and the fact that several members of the opposite party have already been granted bail in the cross-case and also in view of the fact that the petitioners have been behind bars since the last about 1 year, the petitioners deserve the concession of bail.