VINAY @ TINKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vinay @ Tinku has applied for grant of regular bail in FIR No. 62 dated 08.02.2013 under Sections 186/332/353/307/ 34 of the Indian Penal Code and Section 25 and 54 of the Arms Act, registered at Police Station Jagadhari, District Yamunanagar.

(2.) As per allegations of the prosecution, ASI Yash Pal received a secret information that Tinku @ Vinay (present applicant) s/o Shiv Dayal r/o Johripura Mohalla Jagadhari is possessing an illegal weapon and who is now having the same and has gone towards his house and if raid is conducted, he can be apprehended along with the weapon. Accordingly, the raid was conducted. Tinku @ Vinay met him outside the lane of his house and he tried to apprehend him, but he took out a pistol from his right side and with an intention to kill him, he kept the pistol on left ear of ASI Yash Pal and when ASI Yash Pal immediately cauhgt hold of his hand then Tinku @ Vinay hit him with pistol on the right side of his head and gave lalkara that Sourabh, Vishal and Prince come out immediately. In the meantime, Sourabh s/o Ramnath, Prince, Shiv Dayal (father of applicant), mother of Tinku @ Vinay, Chachi of Tinku @ Vinay, Sunil Kamboj came out with dandas in their hands. Sunil hit baseball bat in the head of HC Lakhwinder Masih due to which he fell down. Shiv Dayal hit ASI Yash Pal with danda on his chest and Sourabh hit ASI Kehar Singh with the danda on his backside of his head. Mother and Chachi of Tinku, Vishal, Prince all residents of Mohalla Johrapuri hit ASI Yash Pal and HC Lakhwinder Masih and ASI Kehar Singh with slaps and also gave fist blows to them. They raised noise which attracted the passersby and on seeing them, all the accused fled away from the spot along with their respective weapons.

(3.) Three injuries were found on the person of ASI Yash Pal, one injury was found on the person of HC Lakhwinder Masih and one injury was found on the person of ASI Kehar Singh.