SAJID Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been preferred under Sec. 439 Cr.P.C., for the grant of regular bail in case FIR No.583 dtd. 3/11/2022, registered under Sec. 148, 149, 323, 325, 307, 302, 506 and under Sec. 25 of Arms Act 1959, at Police Station, Sadar Nuh, District Nuh, Haryana.

(2.) On a complaint submitted by one Tahir S/o Sahid, the present FIR was registered. As per the complainant, the notification regarding election for the post of Sarpanch in their Village Meoli, Police Station Nuh, District Nuh, was issued on 7-8/10/2022 and his uncle Wahid S/o Badlu was a candidate. One Sakir S/o Jabbar was the candidate of the opposite party and the Government Secondary School, Meoli was chosen to be the booth for the casting of votes. It was stated by Sakir S/o Jabbar and his family members that the booth was near to their house and that Wahid's voters will not be permitted to vote and that they would capture the booths and if any one tried to stop them from capturing the booth, they would even resort to shooting. An application was also given to the police regarding this by the complainant side. The elections were scheduled for 2/11/2022 and the same started at 7.00 A.M. Around 11.30 A.M., 93 persons (as named in the FIR) were sitting ready, having guns, country made pistols and sticks in their hands. At that time, Tahir S/o Saheed came to cast his vote. The moment he reached the school, the above said people threatened him and asked him not to cast his vote. Tahir was slapped on the face by Abdulla S/o Mohdi. An altercation ensued and then firing took place, the details of which were given in the FIR. Many persons got injured and were taken to hospital from where some persons were referred to higher centers. One person is stated to have expired and many are stated to have been injured. The present petitioner was named by one Mois in a statement given by him on 9/11/2022, wherein it was stated that the present petitioner fired at him, as a result of which he suffered a pellet injury on his chest.

(3.) I have heard learned counsel for the parties.