SUKHDEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed against the order dtd. 12/9/2025 passed by the Additional Sessions Judge, Special Court, Kaithal, whereby the application for grant of regular bail to the appellant in FIR No.16 dtd. 23/1/2021 under Ss. 148, 149, 323, 302 of IPC and Sec. 3(2)(va) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Guhla, District Kaithal, has been dismissed.

(2.) The case set up in the FIR in question (as set out in the present appeal by the appellant) is as follows:- 'Copy of statement is as, Statement of Sonu Kumar S/o Amarjit Singh R/Salempur Tehsil Gulha, aged 22 years M. No. 98136 09023, that I am a resident of above said address and have studied upto matric. We are two brothers yesterday on 22/1/21 at around 9/9.30 pm, there was a marriage program at the house name Ajay, father name is unknown, his tenant house. Pala Ram, in our colony and DJ was playing there. Me and My grandfather Jangir Singh, son of Chann Singh, resident of Ward No. 9 Salempur and my younger brother Monu going to watch the DJ playing in Ajay's Saadi Samaroh. When we reached in front of the big gate of the park, 8-10 boys, including Suresh, were coming from the front. Suresh Kumar alias Bini resident of village Singh, Rahul resident of Singh. Sukhi resident of Pehowa Road in front of college Cheeka, Sanju resident of Bega Basti, Sumit alias Kaga resident of Sanjay Basti, Suresh alias Kida resident of Nandgarh and four/five other boys with swords and gundasies in their hands. They ran towards us shouting slogans they came from the side of marriage program and one of those boys hit my grandfather Jangir Singh on the head with a Gandasi. As soon as the Gandasi hit me, my grandfather fell on the road, after which I, My family members were called and we took my grandfather to Mahavir Dal Hospital, Chika for treatment from where my grandfather referred was to Guhla Government Hospital. After being bandaged in Guhla Government Hospital, he was referred to Rajendra Hospital, Patiala. My grandfather died in Rajendra Hospital Patiala due to gandasi injury. We had no dispute of any kind with these boys earlier. Some of the above mentioned boys have hurt my grandfather by hitting him on the head with a Gandasi. Due to which he died during treatment. Among the above mentioned boys real culprit should be found and take legal action against them for murdering my grandfather by giving Gandasi blow them. I have got written my statement to you, read it ok. Sd/- Sonu Attested - Jaipal ASI Police Station Guhla Date 23/1/21.'

(3.) Learned counsel for the appellant has argued that the appellant is in custody since 5/7/2021. Learned counsel has further argued that the appellant has been falsely implicated into the FIR in question. Learned counsel has further submitted that out of total 36 cited prosecution witnesses, 30 stood examined, which included prime prosecution witness namely Sonu Kumar, but thereafter co-accused namely Suresh Kumar @ Biyo was arrested and the trial culminated afresh. Learned counsel has further submitted that even after fresh culmination of the trial, 19 prosecution witnesses out of 36 stand examined. Learned counsel has further submitted, that as per the order passed by the trial Court, the prime prosecution witness namely Sonu Kumar is not to be cross-examined by counsel for Suresh Kumar @ Biyo (the accused who has been arrested later on). Learned counsel has further submitted that there is no material evidence except in the shape of disclosure against the petitioner. Learned counsel has further submitted that the petitioner has suffered incarceration for more than 4 years. Thus, regular bail is prayed for.