HIMANSHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Prayer in this petition under Sec. 439 Cr.PC is for the grant of regular bail in case FIR No.21 dtd. 20/1/2023 under Ss. 308, 323, 506 IPC (Initially FIR was registered under Sec. 308, 323, 506 Later on Sec. 307 IPC was also added) registered at Police Station Sadar Sonipat, District Sonipat.

(2.) The present FIR came to be registered at the instance of Satish who stated that on 19/1/2023 in the evening he had come to the Sonipat Mandi in his vehicle loaded with Sugar. Himanshu (petitioner) had come on his motor cycle and started using abusive language against his (complainant's) brother. When his brother asked Himanshu not to use abusive language, he (petitioner) became violent and threw a brick lying on the ground at the forehead of his (complainant's) brother which struck the head of his brother. Another brick blow was given on the jaw of his brother. On the gathering of many persons, the petitioner fled away from the spot.

(3.) The Counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. There are material contradictions in the FIR and the Statements of the eye witnesses. In fact, the MLR of the injured would reveal that he was in drunken state and had suffered injuries due to falling down. Since the petitioner was in custody since 23/1/2023, the investigation stood completed and none of the 19 prosecution witnesses had been examined so far, the petitioner was entitled to the concession of bail.