IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 20.02.2025 Narotam @ Nirotam ...Petitioner Versus State of Haryana ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Aman Arora, Advocate, for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

Mr. Gurdeep Grewal, Advocate &

Mr. Tanya Mittal, Advocate, for the respondent.

N.S.SHEKHAWAT , J. (Oral)

1. The petitioner has filed the instant petition under Section 483 of the BNSS with a prayer to grant a regular bail in case FIR No.376 dated 13.05.2019 registered under Sections 148, 149, 323, 341, 302, 120-B of IPC (Section 307 IPC added later on) and Sections

25/54 of Arms Act at Police Station Sadar Palwal, District Palwal.

2. The FIR in the present case was registered on the basis of the statement made by Mahesh son of Chander and the same has been reproduced below:-

“To the SHO Police Station Sadar Palwal, Sir, it is requested that I Mahesh S/o Sh. Chander Caste Gurjar R/o Fulwari Tehsil and District Palwal and my father is having two brothers. Sons of my Uncle Indraj namely Mamraj and Zila Singh, both of them are doing milk work. Approx one year back Nirotam and Tirath sons of Udham Singh R/o Fulwari had an altercation with our kids in which relatives of Nirotam who were from village Nachauli (Faridabad) were also involved. Compromise regarding this altercation has been arrived at in the community. That sons of Udham Singh and family members were nurturing grudge amid this issue. That today on 13.05.2019 Mamraj and Jiley Singh were going to Palwal Railway Station while carrying Milk in the morning at 05.45 hrs upon their Motorcycle No. HR30K-4846. That I was also going just behind them upon my motorcycle. At around 05.50 hrs in the morning when our motorcycle reached in front of Behraula Petrol Pump, a RITZ Car came from behind in which Nirotam s/o Udham Singh was sitting on the front seat and four other persons were sitting in it and they intercepted the motorcycle of Mamraj and forcibly stopped the motorcycle of Mamraj and at the same time one motorcycle stopped which was driven by one young boy and Tirath S/o Udham Singh was sitting behind him. That Tirath after alighting from the Motorcycle started firing bullets with the weapon which he was carrying in his hand and Nirotam also started firing bullets indiscriminately with a weapon which he was carrying in his hand upon Mamraj and Jiley Singh. Mamraj sustained bullet injury in chest and Jiley Singh sustained many bullets in his stomach and the boys who came upon motorcycle inflicted injuries to Mamraj and Jiley Singh with the batons and sticks which they were carrying in their hands. I have eye witnessed everything, that I stopped passerby persons, sent Jiley Singh for treatment. I called Sudhir S/o Mamraj about this incidence then Sudhir and Sunil and Premraj S/o Indraj came to the spot and we took Mamraj and Jiley Singh for treatment at QRG (Central) Hospital Faridabad where Mamraj died due to sustaining bullets injuries and Jiley Singh is undergoing operation. That Nirotam and Tirath sons of Udham and other five-six boys have eventuated this incidence upon the instance of Sunder S/o Balli R/o Fulwari, that stern legal action may be initiated against them. I have submitted written application at QRG Center Hospital, action may be initiated. SD/-Mahesh.)”

3. Learned counsel for the petitioner contends that the complainant has falsely named the present petitioner, his brother Teerath and his father Udham Singh as accused in the present case. In fact several male members of the family have been falsely roped in the criminal cases by assigning them different roles. Even the complainant had alleged that Teerath brother of the complainant has fired gun shot and his father had instigated the accused, however, during the course of investigation, Teerath as well as Udham Singh were found innocent by the police. Even Polygraph test was conducted on both of them and as per the results, they were not