IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Shankar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Kunal Dawar, Senior Advocate with Mr. Shashikant Singh, Advocate for the petitioner.

Ms. Himani Arora, DAG, Haryana.

Ms. Shreya Bublani, Advocate for the complainant.

MANISHA BATRA, J.

1. This petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing FIR No. 176 dated 01.10.2023, registered under Sections 148, 149, 302, 323, 324, 379-B, 452, 506 of IPC (Sections 325, 120-B and 201 of IPC added later on) at Police Station Tigaon, Faridabad.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the complaint of complainant Rajesh filed on 01.10.2023 alleging therein that on the same day, he along with his family members was present in his house. At about 08:30 AM, Rakesh Sharma, Rajesh Sharma, Ramesh, Dhanesh, Sandeep, Kallu, Sonu, Mohit son of Dhanesh, Gajender, Naveen, Karambir Sharma, wife of Rakesh Sharma, wife of Dhanesh, wife of Ramesh and son of Karambir entered into the house of the complainant armed with rods, dandas and they started giving beatings to his family members. Rakesh Sharma gave blows with a rod on the hand, legs and chest of his mother Guddi. Co-accused Karambir gave blows with a rod on the legs, hand and waist of the complainant’s father. Co-accused Kallu also gave rod blows on the leg of complainant’s brother Rakesh. Co- accused Mohit, Parveen and Kallu gave beatings to Gunjan and Swati, sisters of the complainant, as well as to complainant’s father Prabhunath. Co-accused Rakesh Sharma and other assailants also gave beatings to Prabhunath and other family members of the complainant. During the incident, the accused persons also recorded a video of the sisters of the complainant, whose clothing was torn. They also took away an amount of Rs. 20,000/- and some other articles from the house of the complainant. The injured were brought to Central Hospital, Ballabhgarh for treatment. During the course of treatment, Prabhunath, father of the complainant, succumbed to his injuries at Central Hospital, Ballabhgarh. As alleged by the complainant, the cause of incident was that on 29.09.2023, the accused persons had left open their cattle in the fields of the complainant party, due to which, they suffered loss of the crop and in that regard, they had given a complaint against them and also that they had not voted for Rakesh Sarpanch in the Panchayat elections. The complainant prayed for taking legal action against the culprits. Inquest proceedings and postmortem examination of the dead body of the victim were conducted. After registration of the FIR, investigation proceedings were initiated. The accused persons were arrested. During the course of investigation, disclosure statements of co-accused Ravinder @ Kallu and Mohit s/o Dhanesh were recorded, wherein they named the petitioner as one of the assailants. The petitioner was also arrested on 16.11.2023. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with co-accused is facing trial for commission of aforesaid mentioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of the disclosure statement of the above named co-accused, which cannot be considered to be admissible in evidence. He was neither named in the FIR nor his presence at the spot had been established. Neither any specific overt act nor any specific injury on the person of deceased victim Prabhunath has been attributed to him. A false recovery of a baseball bat has been planted upon him. Investigation has since been completed and challan has been filed. During his examination before the learned trial Court