SHEBAL GAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this order, I intend to dispose of two petitions bearing CRM-M-41578 of 2017 and CRM-M-48534 of 2017, as both these petitions have arisen out of the same FIR.

(2.) Both these petitions for grant of pre-arrest bail have been filed by Shebal Gaur and his father Rajnish Gaur, both of them being accused in FIR No. 371 dated 26.9.2017, for offences under Sections 148 , 149 , 323 , 325 , 452 , 506 IPC registered at Police Station Farakpur, District Yamuna Nagar.

(3.) Briefly stated, facts of the case as per the prosecution story are that the FIR in question was lodged by complainant Ashok Bali s/o Sh. Avnash Bali, r/o B-6/1353, Modern Colony, ITI, Yamuna Nagar, who in his statement made to the police on 23.9.2017 stated that he is a practicing Advocate at District Court, Jagadhri and that on 22.9.2017 at 5.45 P.M. when he returned home from the Court Complex, Shebal Gaur residing in his neighbourhood with whom he has strained relations, alongwith his brother, mother and two other unknown boys armed with dandas and bindas, trespassed into his house, after breaking the door. However, he did not come out, whereas wife of the complainant came out at which the assailants misbehaved with her and pushed her and she fell down. When wife of the complainant protested, her shirt was torn off. That the assailants inflicted danda blows on the person of the complainant. He was dragged and taken into the street. Shebal Gaur attacked upon the complainant and Rajnish Gaur inflicted danda blows on his leg. Complainant raised an alarm, which attracted his father, sister, nephew, who when tried to rescue the complainant from the assailants, but they were also caused injuries by the assailants. The injured were taken to the Civil Hospital, where they were medically examined. Earlier only a DDR was recorded, however, after verification of the facts, the instant case was registered on 26.9.2017. From the X-Ray report of injured Rupesh Kumar, it came out that he had suffered a fracture.