Dilpreet Singh v. State Of Punjab

       


 



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1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner, who is aged about 18 years, has sought the concession of anticipatory bail, in case FIR No.42 dated 15.05.2023, under Sections 379-B, 341, 323 and 506 of the IPC, registered at P.S. City Samana, District Patiala. 2.

The learned counsel appearing for the petitioner, in his asking for the relief (supra), has brought the hereinafter recorded factual aspects to the knowledge of this Court:- (a) The father of the petitioner, i.e. co-accused Lakhwinder Singh, is the President of Mini Truck/Canter Union, Samana, wherein, a number of vehicles have been enrolled as members;

(b) The object behind constitution of the Union (supra) was to prevent exploitation of truck owners at the hands of factory owners/shopkeepers, and, to ensure payment of uniform freight charges to all members;

(c) As per the routine procedure and practice of the Union (supra), consumers approach them for hiring vehicle(s) for transportation of their goods; (d) Based upon demand of the consumers, the Union (supra) allocates the required mini trucks/canters, however, the said allocation is done in a fair manner and turn-wise;

(e) The complainant, in connivance with owner of the disputed truck, violated the roster prepared by the Union (supra) for allocation of trucks, by stealthily and out of its turn loading material on the said truck;

(f) The violation (supra) caused grievance to other members of the Union (supra) and constrained them to restrain the complainant from plying the disputed truck on road, and, the said truck was accordingly brought back to the premises of the Union (supra).

3.

By citing to the above recorded factual aspects, the learned counsel for the petitioner has submitted that no incident of loot or snatching, as alleged in the present FIR has ever occurred. In fact, the dispute, that too owing to violation (supra) on the part of the complainant, is between the members of the Union (supra). Nonetheless, the present petitioner, being son of the President of the Union (supra), has been falsely entangled in the present FIR, whereas, he does not have

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any concern or connection with the functioning of the Union (supra).

4.

Notice of motion for 15.04.2024.

5.

Mr. Jashandeep Singh, A.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab. 6.

In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.5
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