ROHIT @ GOLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRM-18063-2025 Allowed as prayed for. CRM-M-55108-2024 Present petition has been filed by the petitioner praying for grant of regular bail in case FIR No.484 dtd. 24/12/2022, under Ss. 148, 149, 302, 323 and 34 of IPC and Ss. 25, 54, 59 of Arms Act, registered at Police Station Sector-14, Panchkula, District Panchkula, Haryana.

(2.) Succinctly the facts of the case are that the present case was registered on the statement, namely, Divyanshu. It was alleged that on 24/12/2022 at about 5:00/5:30 PM, he along with Rishab and Mukesh @ Munna (deceased) were coming from vegetable market, Budanpur. On the way they met 10/12 boys wherein Santram @ Santu was holding knife and Mastu was holding base ball and Raju and Rahul were holding wooden bat and Golu, Rahul, Deepak and Joginder etc. were holding bricks and stone. Due to enmity between both the sides, they opened attacked on them. Mukesh @ Munna was caught hold and Santram @ Santu gave 4/5 knife blows on the body of Mukesh @ Munna and Mastu inflicted injuries with base ball bat, Rahul, Raju, Golu and others started pelting brick and stone. On receiving the knife injuries Mukesh @ Munna fell down in the street. He was thereafter shifted to Civil Hospital Sector- 6, Panchkula. He dies due to the knife blows. The request was made to take legal action against the culprits. On registration of FIR, investigation commenced and the postmortem of dead body was conducted. The statement of the witnesses recorded and on completion of the investigation, challan was presented and on framing of charges the trial commenced. The petitioner was arrested on 26/12/2022. He approached the Learned Sessions Judge, Panchkula, praying for grant of bail, however, finding no merit, the same was declined after hearing both the sides by Learned Sessions Judge, Panchkula vide order dtd. 16/11/2023. Aggrieved by the same, the petitioner is before this Court praying for grant of bail by way of filing of present petition.

(3.) Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case. He submits that though the petitioner is named in the FIR, however, during the reading of allegations made in the FIR, it is the case of the prosecution that he was armed with a brick. He submits that the postmortem of the deceased was carried out wherein he suffered 05 injuries and as per the postmortem report, all the injuries have been opined to have been given by a sharp edged weapon. It is submitted that the petitioner had been assigned no overt act and as per the ocular version, the deceased also died due to the knife blows. He submits that the petitioner is behind bars since the date of his arrest and thus, he has completed an incarceration of more than 02 years. He submits that the petitioner has no criminal antecedents. He thus, submits that in the facts and circumstances of the case, petitioner deserves to be granted bail.