BIR SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, Dheeraj, Bir Singh and Naveen have applied for regular bail by way of the above mentioned two petitions brought under section 439 Cr. P.C. in a case registered by way of FIR No. 75 dated 7.5.2011 at Police Station Tigaon, District Faridabad for an offence punishable under sections 148, 149, 323, 324, 325, 326 and 307 of Indian Penal Code and section 25 of Arms Act. The case against the petitioners and others is as under:

(2.) On 7.5.2011, Nakul and Kishan, his cousin had a tiff over leakage of water into the fields of the accused. Though the complainant, Amit and his uncle Seoraj intervened, yet the situation turned into heated arguments. The matter was then reported to Police Station Tigaon. The accused then pelted brick bats on the house of the complainant. This matter was again reported to the police. Thereafter, when the complainant along with his uncle Sheoraj and Balraj was going to the Police Station, they were waylaid by the accused who were with 8-10 unidentified persons. They were all armed with sticks, iron rods and other deadly weapons. They had hit Sheoraj and Balraj with their respective weapons. In the meanwhile, the police reached the spot and the accused escaped with their weapons.

(3.) I have heard Mr.Animesh Sharma, learned counsel for the petitioners, Bir Singh and Naveen, Mr. Jai Vir Yadav, learned counsel for the petitioner, Dheeraj and Mr. Vikas Malik, learned Assistant Advocate General, Haryana and have gone through the record carefully.