SAHIL VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 439 of Cr.P.C. for grant of regular bail in case FIR No.03 dtd. 3/1/2022 registered under Ss. 302, 307 and 34 of IPC at Police Station Krishana Gate, Thanesar, Kurukshetra.

(2.) The abovesaid FIR was registered on the statement made by complainant-Jaspal Singh stating that on 3/1/2022, he along with his brother-in-law Harbhajan Singh @ Goara and his cousin Sukhchain Singh had come to Army Canteen, Pipli. At about 4.00 to 5.00 PM, when they reached Atam Bakery on the Railway Road, they found a white coloured car parked in front of the said bakery, in which a young person was sitting on the front seat adjoining the driver seat. When the complainant asked the said person to park his vehicle on the side of the road, the said person started abusing the complainant and tried to throw his turban. In the meanwhile, the accomplice of the said person came out of the bakery and threatened the complainant party to teach a lesson for asking them to park their vehicle on the side. One of the accused persons took out a knife from his trouser and hit the same in the waist of the complainant, due to which he started bleeding. The person sitting in the car also came out and slapped the complainant. Thereafter, the other person gave a knife blow on the neck and chest of Harbhajan Singh, due to which he also started bleeding. The said person carrying the knife also suffered some injury on his head in the aforesaid incident. Thereafter, the injured were taken to Nagpal Hospital, where they were given first aid and referred to Chandigarh for treatment. However, when the condition of Harbhajan Singh started deteriorating, he was taken to Government Hospital, Kurukshetra instead of Chandigarh, where he was declared dead by the concerned doctor. It has been alleged that the accused, who was initially sitting in the vehicle, was named Sahil s/o Pawan Goyal whereas his accomplice, who had come out of the bakery and gave knife blows, was named as Sahil son of Jai Pal (the petitioner).

(3.) Learned Senior counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. There was no motive attributed to the petitioner to commit the alleged offence as neither the petitioner was known to the complainant nor to the deceased-Harbhajan Singh as there was no premeditated designs of any of the persons. It was just a sudden fight which took place on the heat of the moment. Even otherwise, the complainant/eye-witness/injured-Jaspal Singh, who appeared before the Trial Court as PW-8 has not supported the case of the prosecution. In his statement before the Trial Court PW-8 Jaspal Singh submitted that they were outsiders and the people assembled at the spot were the local ones, who started abusing them. On their intervention, Harbhajan deceased took out a knife from his pocket and started wielding in the air. Then a quarrel took place between them and unknown people gathered there. Someone from the crowd snatched and stabbed Harbhajan and him. The accused present in the Court never threatened and stabbed him and Harbhajan. Similarly, another eye-witness Sukhchain Singh, who appeared before the Trial Court as PW-9, has also not supported the case of the prosecution.