TILAK RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Tirlk Raj son of Shrichand has directed the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, by means of FIR No.321 dated 27.12.2010 (Annexure P1), on accusation of having committed the offences punishable under Sections 148, 302 and 323 read with section 149 IPC, by the police of Police Station Kunjpura, District Karnal, invoking the provisions of Section 438 Cr.P.C.

(2.) After hearing the learned counsel for the petitioner, going through the record with his valuable help and after deep consideration over the entire matter, to my mind, there is no merit in the present petition in this respect.

(3.) As is evident from the record, that there are direct allegations that at the first instance, the petitioner and his other co-accused illegally started raising construction on the plot of complainant party and then they attacked, caused injuries with danda, kulhari and gandasi, culminating into the death of Shrichand. The name of petitioner finds mentioned in the statement of complainant Ram Kumar, which formed the basis of FIR (Annexure P1). No doubt, he managed to be exonerated by the police, but taking into consideration the substantive evidence on record, the petitioner was summoned by the trial Court under section 319 Cr.PC, vide order dated 4.4.2012 (Annexure P6), which, in substance, is as under:-