VIPIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.51 dated 24.2.2015 under Sections 302 and 450 read with Section 34 IPC as well as Section 25 of the Arms Act,1959 (Sections 386 and 120-B IPC added later on), registered at Police Station Khol, District Rewari.

(2.) In the aforesaid FIR authored by Surender Singh, a contract for filling sand on railway line was taken by him along with his cousin Vikas in November, 2014. The project was in progress for the last two months in which the accused-petitioner was assisting them in arranging sand from the local persons. When the petitioner started visiting complainant along with other friends, the complainant objected it and advised the petitioner not to bring any third person with him. On 23.2.2015 at about 9.30 p.m. when the complainant along with his cousin Vikas and another person, namely, Ankit were present in their house and taking meal, the petitioner along with co-accused Jorawar and Neeraj and one another person reached there. The complainant asked Vikas to pay the charges upon which Vikas questioned such charge as the said demand was appearing to be an extortion. On questioning this demand, accused Jorawar took out a pistol and opened fire which struck over the face of Vikas. The assailant ran away from the spot.

(3.) Vikas was shifted to the Civil Hospital, Rewari but he succumbed to his injuries in the hospital.