MEHINDER SINGH SULLAR , J. - (1.) PETITIONER -Ram Avtar son of Ram Parshad, has preferred the instant petition for the grant of regular bail, in a case registered against him along with his other main co -accused, namely, Raj Kumar @ Raju, Manoj @ Allu, Dinesh and Mohan Raghav etc., vide FIR No.317 dated 11.12.2012, for the commission of offences punishable under Sections 148, 149, 323, 307, 325, 302 IPC and Section 25 of The Arms Act, by the police of Police Station Kherki Daula, Gurgaon.
(2.) NOTICE of the petition was issued to the State. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.
(3.) CONCISELY , the prosecution claimed that on 11.12.2012, some altercation(quarrel) had taken place between the accused -party and the complainant -party, in which, Mohan Raghav, co -accused of the petitioner, was stated to have given a blow with iron road, which landed on the right ear of complainant -Ajay Singh. Even, the petitioner was not present at the time of first incident. Thereafter, the injured were removed to Sunrise Hospital, where second occurrence had taken place, in which, other co -accused of the petitioner, caused injuries to Joginder Singh, culminating into his death. It is not a matter of dispute that neither any specific role nor any particular injury is attributed to the petitioner even in the second incident. Not only that, even material eye witnesses, namely, complainant -Ajay Singh and Ankit did not support the prosecution version at all in the trial Court.;