ASIF Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the second petition filed under Sec. 439 of Cr.P.C. seeking grant of regular bail to the petitioner in case bearing FIR No. 223 dtd. 21/12/2020 registered under Ss. 147, 148, 149, 307, 323, 379-B, 427 and 506 of Indian Penal Code at Police Station Sohna, District Gurugram.

(2.) Facts of the FIR(supra) are that on 20/12/2020, a VT was received in Police Station Sadar, Sohna from Control Room, Gurugram to the effect that Imtiyaz, Ex. Sarpanch of village Nunera informed that he received shot and occurrence had taken place near village Sancholi with Delhi Party. On this information, SI Satinder Singh along with other police officials reached Sancholi Farm where many public persons inside and outside were present and some people were breaking the panes of vehicles, their windows, bumper by using axes and lathis. On seeing the police coming towards the spot, they succeeded in fleeing away from there. After inspecting the spot and coming more force, the injured were got shifted through Government Gypsy and PCR to General Hospital, Sohna and after providing first aid to the injured Ravinder, Vishal Chauhan, Sachin, Paras, Aakash, Gaurav, Robin, Smt. Sakshi Bahal, Ansh, Sandeep and conducting their Medicolegal examination, they were referred to General Hospital, Gurugram. Sub-Inspector Satinder Singh along with injured persons departed to General Hospital, Gurugram. On reaching near Subhash Chowk, Gurugram, on the request of injured persons, they had gone to Medanta Hospital, Gurugram, where Priyanka Bahl presented a written complaint inter alia alleging therein that on 20/12/2020, she along with her mother Smt. Sakshi Bahl and brother Ansh Bahl went over piece of land in Sancholi in the morning for inspection of making a cricket ground there. There they met Imtiaz Ali who started abusing, assaulting (physically) threatening them that he will kill them if they don't leave their farm. In the meantime, she contacted her husband and narrated the entire incident to him. After hearing the incident, her husband came with his brothers there and tried to talk to Imtiaz Ali to vacate the land and requested him to go away from there. In retraction to this, Imtiaz Ali got more aggressive and started abusing them and fighting and thereafter, he called about 100 people in his support. All those people covered them and blocked the entire road and started beating them brutally in order to kill them, which caused serious injuries to all of them. The goons that he had called, were very well equipped with guns, sharp edged iron rods, knives, big stones, which they used to beat them brutally in order to kill them. They had beaten all of them on their head in order to kill them and cripples them. They destroyed all their cars completely and looted all the valuables which were kept in the car and they also looted all the ornaments which she and her mother were wearing. They called at 100 number and after that four constables came. In spite of the police being there, the goons did not stop beating them. After that police force was called, but unable to handle this situation. Eventually they saved their lives running into the police vans and still the goons followed the van and were trying to harm them in front of the police. This is a mere case of capturing land, attempt to murder, threateningly and physically assault to all the ladies and blocking the road so they could not save themselves. They have been severely injured and almost dead. Thereafter, the FIR(supra) was registered.

(3.) Learned counsel for the petitioner inter alia contends that petitioner has not been named in the FIR(supra). Further, no specific role or injury has been attributed to the petitioner and he was granted the concession of regular bail by learned Additional Sessions Judge, Gurugram on 23/3/2021. Thereafter, he continued to appear before the learned trial Court, however, on 4/1/2023, due to some roadside accident, the petitioner could not attend the proceedings before the learned trial Court and his bail bonds were cancelled and he is behind the bars since 20/7/2023 and till date he has undergone incarceration of almost 02 years and out of total 42 Pws, only 08 have been examined till date.