AJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No.124, dtd. 14/7/2020, Police Station Nigdhu, Karnal, under Ss. 148, 149, 302, 323, 506 IPC and Sec. 3(2)(v) of the SC and ST Act.

(2.) The allegations, in nutshell, are that in a scuffle Gandhi (co-accused) gave a blow with "sua" (bodkin) in the waist of Ujjwal (complainant) while another accused Gurvinder @ Bobby gave fist blows on the chest of complainant. When the complainant's brother Prajjwal tried to rescue him then Gurvinder @ Bobby and his cousin Prince caught hold of complainant's brother Prajjwal while Ajay @ Kaka and co-accused Gandhi gave blows with their respective bodkins to complainant's brother. It is further the case of prosecution that although complainant's brother was rushed to hospital but he succumbed to his injuries.

(3.) Learned counsel for the petitioner submits that he has falsely been implicated in the present case and that the falsity would be evident from the fact that when the complainant Ujjwal stepped into the witness box, he did not identify the accused to be the assailant. Learned counsel in this regard has drawn the attention of this Court to the said statement annexed as Annexure P-6.