Sanjay Vashisth, J

Sanjay Vashisth, J

Present petition has been filed under Section 483 of BNSS, seeking regular bail in case FIR No.180 dated 08.05.2023, under Sections 148, 149, 302, 341, 120-B and 34 IPC, registered at Police Station Sadar Sonepat, District Sonepat, Haryana.

FIR in the present case was registered at the instance of complainant- Sandeep, which reads as under:

" That I, Sandeep Kumar son of Dalip Singh, am resident of Village Kakroi. We are three brothers and I have two sons Rajnish and Sunny. Many days back, Manish and Vicky had quarrelled with sunny on which Manish had lodged an FIR at Police Station Sadar against my son Sunny bearing No. 122/23 under Section 341, 323, 506, 34 IPC in which Sunny was arrested also. From that day, Manish son of Parveen, Vicky son of Sanjeet, Rahul son of Sanjeet, Parveen son of Dalip and Sanjeet son of Dalip had a grudge with my son. Today my son Sunny after filling the trolly with corn from his field started from Sonepat in way from Kakroi to Bainyapur Road near the tile factory of Satish son of Jaipal resident of Mirjapur Kheri, Manish, Vicky, Rahul, Sanjeet, Parveen killed my son by surrounding him in the field with sharp edged weapons. Legal action be taken against above said. Before this they had caused injuries to Sunny a little distance from the place of occurrence while he was seating on his tractor. I have presented my complaint to you. Legal action be taken. Sd/-Sandeep."

Simultaneously, on receipt of information, Dial 112 was informed at about 08:30 p.m. E/SI Pale Ram, Incharge, Police Station Sadar Sonipat, also recorded his statement under Section 161 Cr.P.C., which reads as under:

" Stated that I am posted as Incharge on ERV No. 0707 and E/HC Sandeep No. 2075/Sonipat is posted as driver with me. Today on 08.05.2023 information was received on dial 112 at about 08:30AM that one person called and told that two persons are running behind one boy with gandasi to kill. On this information along with Sandeep 2075/SPT along with government vehicle reached field at Kakroi to Bainyapur road then found two persons along with gandasi whose clothes were stained with blood. On apprehending them and asking their name first person told his name as Manish son of Parveen and the other person told his name as Vicky son of Sanjeet, residents of Village Kakroi and who told that we have committed the murder of Sunny son of Sandeep resident of Kakroi by cutting with gandasi near tile factory of Satish. Then I and ECH Sandeep 2075/SPT produced both the accused along with their per se and gandasi at Police Station Sadar Sonipat. The 'farsa' recovered from accused Manish son of Parveen resident of Kakroi,found to be 3 feet 7 inch in length, diameter 1.2 inch iron 'farsa' length 9.2 inch, width 5.5 inch and the iron 'farsa' has been tightened on wooden stick with two screws, 'farsa' is blood stained. That you have taken the 'farsa/gandasi' in to police possession after wrapping in newspaper and parcel of cloth sealing with seal RK/1. Sample sketch of "farsa/gandasi' was separately prepared. Memo was signed by I accompanying official and accused Manish. In the same manner, on seeing "farsa/gandasi" recovered from accused Vicky son of Sanjeet resident of Kakroi Sonipat, the wooden stick was found to be 5.6 inch, diameter 1.4 inch iron farsa length 8.6 inch width 5.4 inch and the iron "farsa' has been tightened on wooden stick with two screws. That you have taken the 'farsa/gandasi' in to police possession after wrapping in newspaper and parcel of cloth sealing with seal RK/1. Sample sketch of 'farsa/gandasi' was separately prepared. Memo was signed by I accompanying official and accused Vicky. Made the statement heard it is correct.

Sd/-

Police Station Sadar Sonipat

Dated: 08.05.2023"

Though witness Ravinder (PW-5), who had dialled and informed Dial 112, has turned hostile, yet considering the complete factual position, learned counsel for the petitioner seeks withdrawal of the present petition at this stage.

Dismissed as withdrawn at this stage.