IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

219 (two cases) CRM M-36804 of 2024 (O&M)

Date of Decision: 11.03.2025 (1) Vikas Chauhan @ Sonu Chauhan and another ...Petitioners Versus State of Haryana ... Respondent CRM M-24313 of 2024 (O&M)

(2) Sanjay ...Petitioner Versus State of Haryana ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Gaurav Singla, Advocate for the petitioners in CRM M-36804-2024.

Mr. Rambilas Gupta, Advocate, for the petitioner In CRM M-24313 of 2024.

Mr. Rajinder Kumar Banku, DAG, Haryana.

N.S.SHEKHAWAT , J. (Oral)

1. This order shall dispose off two bail petitions, i.e., CRM M-36804-2024 titled as “Vikas Chauhan @ Sonu Chauhan Vs. State of Haryana” and CRM M-24313-2024 titled as “Sanjay Vs. State of Haryana”, whereby, the petitioners have applied for grant of regular bail under Section 439 of the Cr.P.C. in case FIR No. 0139 dated 26.10.2022 under Sections 148, 149, 302, 323 and 427 of IPC (Sections 325, 201 and 120-B IPC added later on) registered at Police Station Bhupani, District Faridabad.

2. The FIR in the present case was registered on the basis of the complaint filed by Deepika Yadav wife of Mohit Yadav and the same has been reproduced below:-

“To, The SHO, Police Station Bhupani, Faridabad. Sir, it is requested that I Deepika Yadav wife of Sh. Mohit Yadav son of Late Sh. Dilip Yadav am resident of village Deha, Bhupani Faridabad. On dated 25/26.10.2022 time about 12:00 I was waiting for my husband, I was standing on roof in my house, then I heard a voice of noise of some quarrel from west side. From them one man's voice heard that Mohit is here beaten him, then, after hearing the noise of quarrel, I have reached quarrel place from the house immediately, then I have seen that Mukesh and their sons Kunal and Karan, resident of village Riwajpur, brother in law of Mukesh namely Amit and alongwith 4-5 persons were more. I have seen that they were beating my husband Mohit and Naveen son of Manoj, then I raised a noise 'bachao- bachao', then they tried to run. After hearing a noise my brother-in-law (devar) Bharat Yadav also came on the spot, then thereafter the police party were also came on the spot. When all these were running, then, iron rod, Kulhari and sticks (dande) were in their hands, then immediately, the police party my husband and Naveen went to the H.K. Hospital, Faridabad, where after checking by the doctor my husband declared as dead. And another boy Naveen referred. Those people also damaged our car Baleno HR-29-AU-3004. Sir, it is requested that my husband Mohit Yadav has died from attack of above mentioned persons. Please, it is requested that strict legal action should be taken against these persons. Thanks Sd/- Deepika Yadav W/o Mohit Yadav, resident of Village Deha, Bhupani, Faridabad-9953910960 dated 26.10.2022”.

3. Learned counsel appearing on behalf of Vikas Chauhan @ Sonu Chauhan and Lokesh Chauhan @ Vicky Chauhan (petitioners in CRM M-36804 of 2024) submitted that in the present case, the complainant herself claimed to be an eye witness of the occurrence and had got registered the FIR by naming Mukesh, Kunal, Karan and Amit as the accused in the present case. However, neither the petitioners were named in the FIR nor they had any connection with the crime in any manner. He further contended that as per the police investigation, it was found that Mukesh and Kunal, i.e., the accused named by the complainant, were not at all present at the place of occurrence and the complainant had falsely named them. Apart from that, as per the CCTV footage of the place of occurrence, the police had reached the place of occurrence at 12.05 a.m. on the night intervening 25/26.10.2022, whereas, the complainant had reached at the place of occurrence at 12.08 a.m. Consequently, the complainant has falsely claimed herself an eye witness in the present case. Learned counsel next contended that the petitioners were arrested in the present case on 21.03.2024 and are in custody si