ALAM DEEP THAKUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application for cancellation of bail filed by a private party. Respondent No. 2 was arrested in connection with F.I.R. No. 173 dated 21.12.1995, registered at Police Station Chapper, District Yamuna Nagar for the offences under Sections 302/452/201/148 and 149 of the Indian Penal Code. After his arrest, he was granted bail by the Additional Sessions Judge, Jagadhri. Hence this application is filed for cancellation of bail.

(2.) THE complaint in this case is given by Phool Chand, Chowkidar of village Mustafabad. It is stated in the complaint that Mandeep alias Prince son of Usha Thakur who was living in Mustafabad eloped with Sapna daughter of Girdhari Lal in the month of April, 1995. Sapna was living in the neighbourhood of Mandeep. Police action was also taken. It is also stated that later Sapna, against the wishes of her elders gave a statement in favour of Mandeep alias Prince in the High Court and the two had started living as husband and wife. It is also mentioned in the complaint that earlier both of them were living somewhere else and sometime Mandeep used to bring his wife Sapna to Mustafabad to his mother Usha Thakur. The elders of the girl used to exchange hot words about their living in the village. It is also stated by the complainant that on the date of incident, in the morning, he came to know that Usha Thakur, her son Mandeep alias Prince, has wife Sapna were killed at night in the house. It is further mentioned that after killing them, in order to destroy the dead bodies, they put the same on fire. When the complainant went there, he saw that door opening towards the house of Girdhari Lal was broken and in the court-yard, the dead bodies of Usha Thakur, Mandeep and Sapna were lying.

(3.) RESPONDENT No. 2 was not challaned by the police. However, he was summoned under section 319 Cr.P.C. by the learned Additional Sessions Judge, Jagadhri. However, when respondent No. 2 applied for bail, he was granted bail by the learned Additional Sessions Judge, Jagadhri.