LAWS(P&H)-2022-3-145

VIVEK Vs. STATE OF HARYANA

Decided On March 09, 2022
VIVEK Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.42 dtd. 16/7/2020 at Police Station GRP Hisar, District Hisar, under Ss. 147/148/149/307 IPC (Ss. 302 and 326 IPC added later on).

(2.) The FIR was lodged at the instance of Neeraj, wherein it is alleged that on 16/7/2020 at about 12.30 am (early morning) when he along with his brother Dharminder was returning back home after having attended a party, they saw that Kamal, Gaurav, Raman, Arjun, Jambo and 2-3 other persons who were armed with sharp edged weapons like sword, gandasi and knife were inflicting injuries to Shamsher and Pawan. When the complainant and his brother intervened, the said persons attacked them as well. The complainant managed to escape. Shortly thereafter the accused also ran away from the spot. Thereafter, when he returned back to the spot, some other persons had also gathered and he with the help of the said persons got admitted Shamsher, Pawan and Dharminder in CMC Hospital, Hisar.

(3.) Learned counsel for the petitioner has submitted that he is nowhere named in the FIR and has been nominated as an accused on the basis of statements of Shamsher and Pawan, both injured, recorded in terms of Sec. 161 Cr.P.C. Learned counsel has further submitted that in any case even on the basis of said statements, the petitioner is not stated to have gone to the place of occurrence armed with any weapon and is alleged to have thrown brick bats and stones. It has been submitted that two other identical situated co-accused namely Sunny and Rajbir have been granted bail by this Court vide orders dtd. 12/11/2021 and 13/9/2021 (Annexures P-4 and P-5 respectively) and in these circumstances, the petitioner, who has been behind bars since the last more than 1 year also deserves the concession of bail on the grounds of parity. Learned counsel has further submitted that although the police claims that co-accused Sunny and Rajbir have also disclosed that the petitioner was accompanying them, but such like disclosure statements would not carry any evidentiary value.