SAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case having FIR No. 467 dtd. 5/8/2020, registered under Ss. 148, 149, 201, 302, 323, 325 and 506 IPC at Police Station Assandh, District Karnal.

(2.) The allegations in nutshell are that on 5/8/2020 there was a function as per local rituals organized at Sato Peer Baba of village Khanda Kheri by co-accused Deepak. Complainant Mithun, his brother Ram Mehar (deceased) were also invited in the said function. From the side of co-accused Deepak, his friends Mohinder @ Babli, Pardeep @ Tona, Sawan Kumar (petitioner), Ajay Singh, Balinder and his relatives Naresh @ Choti, Rohit, Vicky and some other persons were also present there. At about 3/3:15 p.m. all of them were taking food, in the meanwhile co-accused Naresh @ Choti, Rohit, Vicky, Pardeep @ Tona, Sawan (petitioner), Mohinder, Ajay,

(3.) Balinder and Deepak started abusing Ram Mehar. Co-accused Naresh @ Choti took out a binda from his car and gave its blow on the head of Ram Mehar. Co-accused Deepak also gave binda blow on the right arm of Ram Mehar who fell on the ground. Then Mohinder, Rohit, Vicky, Pardeep, Sawan (petitioner), Ajay, Mahinder and Balinder caused injuries to Ram Mehar with bindas and dandas. When the complainant and his friend Vicky tried to save Ram Mehar, Pardeep @ Tona gave binda blow on his left arm while Deepak gave binda blow on his left wrist. Other people who were present at the spot made efforts to rescue Ram Mehar and his brother from the clutches of the accused persons, on which the assailants fled away from there and lateron Ram Mehar died in Government Hospital, Assandh.