JUDGMENT ;

SUMEET GOEL, J.

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.6 dated 5.1.2025 under Sections 3(5) and 123 of Bharatiya Nyaya Sanhita, 2023 (Sections 238(a), 120(2) of BNS and Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, added later on), registered at Police Station Bhiwani Sadar, District Bhiwani.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

‘The brief facts of the present case are as follows: On 05.12.2024, an intimation regarding one injured person, namely Sandeep son of Satbir, resident of village Dinod, was received from the hospital, Rohtak, in SUSPECTED POSITION. The said intimation for necessary action was marked on 05.01.2025 to HC Sandeep No. 810. Accordingly, HC Sandeep No. 810, along with HC Sanjay No. 969, proceeded to the hospital for necessary proceedings and sought medical opinion regarding the fitness of the injured to make a statement. The concerned doctor declared him "Unfit for Statement" in writing. At the hospital, Rajesh son of Satbir, resident of village Dinod, brother of the injured Sandeep, was present. He stated that his brother has not regained consciousness so far. He further submitted that after making inquiries on his own, he is now presenting a written complaint, the contents of which are as under: To, The Station House Officer, Police Station Sadar Bhiwani. Sir, It is respectfully submitted that Myself, Rajesh Kumar son of Satbir, resident of village Dinod, presently working in a private job in Delhi, submit as under. We are two siblings, one brother and one sister." I further submit that my younger brother Sandeep son of Shri Satbir, resides in village Dinod and is engaged in agricultural work. He lives there along with my mother, Smt. Shakuntala Devi. My father has already expired. On 04.12.2024, my younger brother Sandeep was present at home. At about 11:00 PM, Dinesh Yadav son of Rampat, resident of village Dinod, came to our house in an intoxicated condition. He asked my brother Sandeep to accompany him, stating that he had some work. My mother as well as my brother refused, but despite their refusal, he forcibly took my brother along with him. At the said place, Anil @Gullu son of Kartar Yadav and Naresh son of Ramkishan Yadav, both residents of village Dinod, were already present. Thereafter, all the aforesaid three persons, in furtherance of their common intention, made my brother Sandeep consume liquor. When he became heavily intoxicated, they, with the intention to cause his death, administered an overdose injection of intoxicating substance to him. As a result, my brother Sandeep fell unconscious and remained lying in that condition at the house of Anil @ Gullu. My mother repeatedly inquired from the aforesaid persons about the condition of my brother Sandeep; however, they did not give any satisfactory reply. Naresh Yadav stated that Sandeep had taken his meal and was sleeping and that he would send him home after he woke up. However, due to the excessive dose of intoxicating substance administered to him, my brother Sandeep did not regain consciousness. Thereafter, the aforesaid three persons left the place. On the next day, i.e., 05.12.2024, at about 6:00 PM, a phone call was received by Sandeep son of Rajbir Yadav, from Renu wife of Naresh Yadav, informing that Sandeep son of Satbir was in a serious condition and needed to be taken to the hospital immediately. Thereafter, Sandeep son of Rajbir reached the house of Anil @ Gullu with a vehicle, where he found my brother lying unconscious inside their house. Subsequently, Dinesh son of Rampat took my brother to Kadam Hospital, Bhiwani. However, upon seeing his critical and intoxicated condition, the doctors there stated that they could not provide treatment and advised that he be shifted to a higher medica