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2022 Supreme(P&H) 527

ANOOP CHITKARA
Mausam – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Munfaid Khan, Advocate, for the Appellant; Mr. Rajat Gautam, DAG, Haryan, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

78

29.05.2021

Bichhor, District Nuh

323, 325, 341, 302, 506, 34 IPC and Section 25-54-59 of Arms Act, 1959

1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. In paragraph 6 of the bail petition, the accused declares that he has no criminal antecedents.

3. The complainant informed the police that his family and accused Rasheed, in equal shares, jointly possess the land as gair marushi. Rasheed wanted to grab their share, and on May 29, 2020, at 12.30 PM, he and other persons, including the petitioner Mausam, were sitting in front of their house, and they had danda, lathi, axe, and gun with them. When they were crossing their house to go to their house, Rasheed fired a gunshot at the left chest of his brother Azad and his forehead. Accused Shokin gave danda blows to the complainant and his family members. On raising cries, villagers assembled, and the accused fled away. The injured succumbed to the bullet injury.

4. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an i

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