JUDGMENT :

1. Heard Sri Inder Pal Singh Tomar, learned counsel for applicant and Sri Kuldeep Singh Tomar, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for State and also perused the material available on record.

2. The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 262 of 2022, under Sections 147, 148, 149, 307 & 504 of I.P.C., P.S.- Khatauli, District- Muzaffar Nagar.

3. At the very outset, learned counsel for the applicant has claimed parity with co-accused Nitin Rathi, who has been granted interim protection by another Bench of this Court vide order dated 4.4.2023 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 3367 of 2023.

4. On the other hand, learned counsel for the informant has vehemently opposed the above submission of learned counsel for the applicant on the ground that the applicant is not entitled to anticipatory bail as the anticipatory bail application of co-accused Nitin Rathi was dismissed as infructuous vide order dated 31.05.2023.

PROSECUTION STORY:

5. As per prosecution story, the co-accused persons, Charan Singh, Sopal and Sukhpal had destroyed the sugarcane crop of the field of the informant and that of his neighbours Rakesh and Vikky by ploughing it by his tractor. The matter was reported to Senior Officers. Subsequent to it, on 27.5.2022 at about 06:30 AM, the applicant along with co-accused persons Charan Singh, Sopal, Sukhpal and Nitin came to the field of the informant along with their tractor and started ploughing it again. The informant and his brother Rupendra Kumar asked them to refrain from doing so at which the applicant and co-accused Nitin fired at them by the country made pistols which they were carrying besides hurling abuses at them thereby causing serious injuries to Rupendra (brother of the informant). On raising alarm by the informant, the villagers rushed there and saved the informant and his brother. The brother of the informant Rupendra Kumar was rushed to government hospital at Khatauli for treatment and was referred to district hospital, Muzaffar Nagar. After admitting his brother at Muzaffar Nagar, the informant lodged the FIR on the same day at 12:10 PM.

RIVAL CONTENTIONS

6. Learned counsel for the applicant has stated that there is a cross version to the present FIR which was instituted subsequently at FIR No.419 of 2022 on 20.08.2022 regarding the same date and time of the incident. Learned counsel has further stated that at this point of time, it cannot be ascertained as to which party was the aggressor, as such, the applicant is entitled for anticipatory bail. Learned counsel has also stated that the applicant is 55 years old person and one of the co-accused Charan Singh, who happens to be his father, is 78 years of age, as such, he is entitled for anticipatory bail on this ground also.

7. Learned counsel for the applicant has further submitted that the injury reports are fake and have been manufactured by the informant as another injured has been added later on. The injury report of Rupendra Kumar is fake as there are two lacerated wounds sustained by him which are as follows:-

"(i) L/W size 15 x 12 cm over lateral aspect of Rt. lower back just over Rt Iliac crest. Bleeding present, depth not probed, muscle & soft tissue exposed (KUO), X-ray L.S. spine AP/Lat. and surgeon opinion for nature of injury, depth & type of weapon used, X-ray PBH AP View.

(ii) L/W size 3 x 0.5 cm, scalp deep over Rt. parietal area of skull 12' O clock position."

8. The Radiologist reported that multiple radio opaque shadows of variable sizes of metallic density are seen in Rt. Iliac region. Fracture of right iliac crest bone. In the supplementary report, the injury no.1 was found to be grievous in nature. The surgery was undertaken and foreign bodies were removed.

9. Learned counsel for the applicant has also stated that the informant has suppressed the genesis as he cooked up a story later on th