SANJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in FIR No.326 dtd. 12/3/2017 under Ss. 302, 307, 325, 419, 420, 472, 120-B, 34 IPC and Sec. 25 of Arms Act (Ss. 325, 419, 420, 472 IPC were added and Sec. 54/59 of Arms Act were deleted later on), registered at Police Station Sadar, District Gurugram.

(2.) Learned counsel for the petitioner submits that as per allegations in the FIR, registered on the statement of one Johny Hans, he received a phone call on his mobile from the petitioner that his brother-in-law Kaushal had gone to meet him and he was called at a floor mill, where he reached in his car. There he met co-accused Amit Dagar and petitioner Sanjeet, who is brother-in-law Subhe Gujar and Ranbir Saini were also there. They sat in car of the complainant and asked him to accompany him to his house. Later on, petitioner Sanjeet came to his house in another car. When Amit Dagar, Chand and Ranbir Saini were talking to him, he asked his mother to make tea for them. Father of the complainant was also present in another room. In the meantime, Amit Dagar, Chand and Ranbir Saini brought their weapons and Amit Dagar gave gunshot injury to his mother Sudesh and Chand and Ranbir Saini also fired upon the complainant and his father Joginder, with their respective weapons. In the meantime, his mother came from kitchen and all the accused persons gave many gunshot injuries to her. In order to save himself, the complainant jumped from the gallery on the roof of his house. It is further stated in the FIR that enmity is that the complainant was released on interim bail, where he was lodged with one Manjeet Mahal and brother of Kaushal namely Manish has seen the complainant in his company and asked him why he was in the company of aforesaid persons and on that suspicion, they hatched a conspiracy and attacked him.

(3.) Learned counsel further submits that there is no allegation that the petitioner has fired any shot on mother of the complainant and only allegation is that he has made a call to the complainant for coming to a floor mill. It is also submitted that now statement of complainant Johny Hans is recorded as PW1, wherein he has specifically stated that petitioner Sanjeet, who is brother-in-law of Kaushal, did not call him to come to floor mill and accused Sanjeet, Amit Dagar, Chand and Ranbir Saini did not come to his house and did not cause gunshot injuries. This witness has been declared hostile and in cross-examination, he even denied the statement Ex.P1 made before the police, which formed basis for registering the FIR.