Mukesh vs State of Haryana

M.L. Singhal, J.

This is a Criminal Miscellaneous whereby Mukesh and others have prayed for the grant of anticipatory bail to them in case FIR No. 322 dated September 15, 1998 under Sections 323/324/325/307/148/149 I.P.C. Police Station Sadar Rewari.

The prosecution case, in brief, is that on 15.9.1998 at 5.30 A.M. Mai Dhan was bringing buffalo to his house from his plot and his mother Smt. Santra was coming behind. The buffalo when it reached in front of this house of Hardayal, son of Sheo Sahai, the legs of the buffalo went on the Kacha drain. Thereupon, Mukesh and Raja Ram started abusing Mai Dhan saying that he had got their drain damaged. He replied that it was an animal and the animal did not have the necessary intellect. Mai Dhan started going ahead. When he went two to four steps ahead, Mukesh, Raja Ram sons of Basanta, Rajesh son of Birbal, Ramesh, Sunil sons of Hardayal, Surjan, Basant Lal, Hardayal sons of Sheo Sahai, Jitender son of Surjan, having Pharsies, Lathies and Gandasas in their hands came there. Raja Ram dealt injuries on his head and left hand with Pharsi. Mukesh dealt injuries on his head and right leg with Lathi. Rajesh dealt injuries on his left leg with Lathi. Mai Dhan fell down and he raised an alarm "Mar Diya, Mar Diya". His mother Santra, Parhlad, Maktul, Hardwari, Surja and Rati Ram sons of Ami Lal and other members of his family reached there to save him from the accused. Accused caused injuries to them also. Salochana wife of Surjan and Bimla wife of Hardayal caused injuries to Mai Dhan by pelting stones on him from the roof of their house. Maru Singh and many others of the village came there on hearing the noise. They saved Mai Dhan etc.

It was submitted by the learned counsel for Mukesh etc. petitioners that initially case registered against them was one under Sections 325/324/323/148/149 IPC. On September 15, 1998, Shri Mai Dhan, was medically examined. He was radiologically examined on September 15, 1998. On January 1, 1999, the Xray report was given by Medical Officer, Rewari in which no fracture was found on his head and no injury "dangerous to life" was found. On September 17, 1998, he was referred to Medical College Rohtak. In Medical College, Rohtak, medical report suggesting fracture on his head was given declaring the injury to be "dangerous to life". It was submitted that they were initially allowed regular bail by Judicial Magistrate Ist Class, Rewari. It was in view of the change of offence that the police are out to arrest them. It was submitted that there were conflicting medical reports with regard to head injury of Mai Dhan. It was further submitted that the Complainant party caused 16 injuries to Hardayal, Sulochana, Surjan, Ramesh and Basanta. On the one hand, Mukesh, Surjan, Ramesh etc. are the accused arrayed at the instance of Mai Dhan. On the other hand, Maktul, Hardwari and Parhlad etc. are the accused for the injuries of accused party and the case against them is one under Sections 148/149/323/324/325 IPC. It was submitted that the injuries found by the doctor on the accused party have not been explained.

Injury "dangerous" to life on the head of Mai Dhan has been attributed to Mukesh. Hon''ble K.K. Srivastava, J. did not allow him anticipatory bail. The petition qua him was declined. There are injuries on the person of Salochana, Surjan, Ramesh and Basanta. Keeping in view that there are injuries on both sides and it is to be adjudicated at the trial which party opened the attack and which party acted to repel the attack, I feel anticipatory bail should be allowed to petitioners Nos. 2 to 6. It is, therefore, ordered that the Investigating Officer will call upon Ramesh, Sunil, Basant Lal, Hardayal and Jitender to furnish bail. Qua Mukesh prayer for anticipatory bail stands declined as per order dated January 19, 1999 passed by Hon''ble K.K Srivastava, J.

This Criminal Miscellaneous is disposed of in the above terms.