JUDGMENT U.C. Dhyani, J. 1. Applicants Naushad and Julfan, seek bail in case crime no. 278 of 2015, under Section 323, 324, 452, 504, 302, 34 IPC, registered with police station Bhagwanpur, District Haridwar. 2. Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the bail application. 3. As per prosecution story, on 12.11.2015, at 00.20 hours, complainant Sajid lodged a report with P.S. Bhagwanpur against accused Naushad, Julfan, Farman, Taj Mohamman and Yakoob, alleging therein that his cousin Mohsin @ Monu was living with them in their house since last 2½ months and was doing work of mason with Javed, son of maternal uncle of Mohsin @ Monu. There is enmity between our family and family of Julfan and Naushad. On 11.11.2015, at about 06:30 P.M., Julfan unnecessarily started hurling abuses on Mohsin @ Monu. Mohsin @ Monu was accompanied with Salman, son of his maternal uncle. When Mohsin refrained them from doing so, then Naushad, Julfan, Farman, Taj Mohammad and Yakub, with common intention, trespassed the house of complainant, threatened and assaulted Mohsin with sharp edged weapon, iron rod and stick. Mohsin @ Monu rushed towards the roof in order to save his life. On this, all the accused chased him to the roof and assaulted Mohsin with the intention to kill him. Accused persons also assaulted Salman. On hue and cry being raised, Sayaad and Ajaz along with complainant reached there. On seeing them, the accused persons fled away from the place of incident. The injured were rushed to hospital, where the doctors declared Mohsin @ Monu as ‘dead on arrival’. 4. It is the submission of behalf of applicants that there are three injured persons from the side of the applicants also and their injuries have not been explained by the accused persons. No specific role has been assigned to the individual accused-applicant in the FIR. In a cross-case under Section 308 IPC, accused Saiyaad and Sajid have already been bailed out by learned Sessions Judge, Haridwar vide order dated 23.09.2016. 5. The statements of Salman (injured) was read out to show that accused Naushad and Julfan (present applicants) were carrying iron rods, accused Farman and Yakoob were armed with sticks and accused Taj Mohammad was armed with spear. 6.
5. The statements of Salman (injured) was read out to show that accused Naushad and Julfan (present applicants) were carrying iron rods, accused Farman and Yakoob were armed with sticks and accused Taj Mohammad was armed with spear. 6. Out of the named accused persons, two have been exonerated by the Investigating Officer himself during the course of investigation of this case. It is also argued that accused-applicants are in jail since 22.11.2015 and have no previous criminal history. 7. Learned counsel for the State opposed the bail, inter alia, on the ground that there is every likelihood that the present applicants will flee away from justice, if they are enlarged on bail. To this, learned counsel for the applicants submitted that the applicants are ready to furnish reliable sureties to the satisfaction of the court concerned, if they are granted bail. 8. Considering the entire conspectus of things and the grounds taken up in the bail application, this Court is inclined to enlarge the applicants on bail. 9. The bail application is allowed. 10. Let the applicants be released on bail on their each executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of court concerned. 11. If at any point of time, it is found that the applicants are misusing bail, the learned court below shall be at liberty to cancel their bail, in accordance with law.