ISHWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard through video conferencing.

(2.) This is the second petition under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.0229 dtd. 21/8/2019 under Ss. 302, 34 and 120-B of the Indian Penal Code, 1860 (IPC) and Sec. 25 of the Arms Act, 1959 registered at Police Station Uklana, District Hisar, Haryana. The first petition for bail (CRM-M- 12650-2020) was dismissed vide a detailed order dtd. 4/9/2020.

(3.) As per the case of the prosecution, on 21/8/2019 a telephonic message was received from one Dharampal resident of Bhaini Badshahpur in the Police Station that a firing incident had taken place in the village and, therefore, they should reach the spot. On receiving the information, Inspector/SHO Hawa Singh along with other Police officials reached the spot in their official vehicle. A telephonic message was thereafter received from MHC Police Station Uklana that Satbir son of Jita Ram resident of Bhaini Badshahpur had died due to the gun shot and the dead body was lying in the mortuary of Government Hospital, Barwala. On the statement of Pawan Kumar, the brother of the deceased, the FIR had been registered, wherein, it has been alleged that his brother Satbir had gone to the barber shop of Kailash in the village for getting his hair cut at 7 am and after some time a noise was heard in the street.