JUDGMENT :

Kuldeep Tiwari, J.

CRM-19397-2024 in CRA-S-1770-2024

For the good and valid reasons assigned in the application, the delay of 406 days in filing the appeal, is condoned.

Application stands disposed of accordingly.

CRM-13373-2024 in CRA-S-1209-2024

For the good and valid reasons assigned in the application, the delay of 245 days in filing the appeal, is condoned.

Application stands disposed of accordingly.

Main Case(s)

1. All the four above mentioned instant appeals are amenable to be decided together, as the common relief of regular bail has been sought therein, in case FIR No.164, dated 16.04.2022, under Sections 148, 149, 302, 307, 323, 506, 379-B, 120-B and 201 of the IPC, 1860, and under Sections 25 and 29 of the Arms Act, 1959, and Section 3 of Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Sector-17, HUDA, Jagadhri, Yamuna Nagar, therefore, all the above instant appeals are taken up together for adjudication.

FACTS OF THE CASE

2. The instant FIR, has been registered on a statement suffered by one namely, Mohit Sharma, who is alleged to be an injured eye witness. The relevant extract of the statement, which become the bedrock for registration of the FIR (supra), is extracted hereinafter :-

"Statement as follows that I am resident of the mentioned address and work as a sales man. On 15.04.2022 I had come to Yamuna Nagar from Ludhiana Punjab for my sister's wedding. On 15.4.2022 I along with Janu, Bobby @ Akash, Shanu and Bittu and Rajat by boarding in Car No HR02AF 5000 Mark a Safari of Janu. we left for Vintage Grill Palace Jagadhri at around 9:30 pm to attend the marriage from the house of Janu S/o Rajindra Balmiki and when after attending the marriage function at around 12:45 AM we started going back at night and as soon as we came out of the gate of Vintage Grill at the same time as soon as we started sitting in the car at once 15-20 boys came with revolvers and country made guns in their hands and shouted as soon as they came, they proclaimed that Janu has to be killed today and everybody started firing from their arms holding in their hands, out of which I recognized some boys who are Manoj alias Shanti resident of Bhatia Nagar, Sachin Pandit resident of Sudhail and Sumit resident of Unheri and I can identify others when they come before me and one of them shot at my left leg and the other boy's name and address unknown to me fired a shot that hit my left leg and others also shot me on my left leg and other boys challenged and said that Janu Chude Chamar, tu kahan jayega, tu hamare se pahle bhi bach gaya tha, ab aaj tujhe jaan se marenge and they surrounded and shot Janu and shot him in the stomach and other parts of body. I had fallen down and they thought that I am dead, they attacked my other companions Rajat Kaushal S/o Amit resident of near City Centre Road, Yamuna Nagar. They were also taking one name of Anmol and he was also shot and at the same time Janu fell down on the spot and became unconscious. As soon as people present in the wedding ceremony started making noise, Sachin Pandit etc. ran away from the spot along with their weapons and continued firing even while running and they were threatening that those who have been left, would be killed later. Jaanu was admitted to Gaba Hospital by the persons who had come to marriage function but he died due to the bullets shot fired.. As such legal action be taken against Sachin Pandit and his other 15-16 associates and that I have recorded my statement during treatment in the Gaba hospital which I have listened, read over and found sarme to be correct. Sd/- Mohit Sharma."

3. During the investigation, the scene of crime was got examined, by the team of FSL, and material evidence were collected from the spot, apart from taking photographs. The proceedings under Section 174 of Cr.P.C., with regard to the death of one namely, Jannu was got conducted. Furthermore, 17.04.2022, on the basis of the secret information,