MOHAN RAGHAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Mohan Raghav son of Dharampal, has preferred the instant petition for the grant of concession of regular bail, in a case registered against him along with his other main co -accused Manoj @ Allu, Raj Kumar @ Raju, Dinesh and others, vide FIR No. 317 dated 11.12.2012, on accusation of having committed the offences punishable under Sections 148/149/302/307/323/325 IPC and 25/27/30/54/59 of Arms Act, by the police of Police Station, Kherki Daula, District Gurgaon.

(2.) NOTICE of the petition was issued to the State.

(3.) PRECISELY , the prosecution claimed that on 11.12.2012, some altercation (quarrel) had taken place between the accused party and complainant party, in which, petitioner -Mohan Raghav was stated to have given blow with IRON road, which handed on the right ear of complainant -Ajay Kumar. No other specific role of other particular injury is attributed to him in the first incident. Thereafter, injured were moved to Sunrise Hospital where second occurrence had taken place in which other co -accused of the petitioner caused injury to Joginder Singh culminating to his death. Indisputedly petitioner was neither present at the spot nor participated in the second (subsequent) occurrence. Not only that, even material eye witnesses namely Ankit and Ajay did not support the prosecution version at all in the trial Court.