Akash @ Bhallu And Another v. State Of Punjab

YOGESH SHARMA 2020.06.25 16:22 I attest to the accuracy and integrity of this document CRM-M-16425-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16425-2020 Date of decision :25.06.2020 Akash @ Bhallu and another ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Jaswinder Singh Grewal, Advocate for the petitioners.

**** ALKA SARIN, J.

Heard through video conferencing.

The present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioners in FIR No.166 dated 18.08.2019 registered under Sections 341, 323, 427, 382, 506, 148 and 149 of the Indian Penal Code, 1860, at Police Station City 1 Abohar, District Fazilka.

It has been contended by learned counsel for the petitioners that the petitioners have falsely been implicated in the matter. The allegations leading to filing of the FIR are that on 17.08.2019 at about 10 p.m., the complainant along with Satish Kumar was travelling in a Bolero car bearing registration No.PB-22M-8125 and were collecting the cash sales from the liquor shops. They collected `60,000/- from liquor shops on New Road and `18,000/- from Children Park liquor shop. An amount of `76,000/- was already in the bag. He has further alleged that when they reached near Shakti

YOGESH SHARMA 2020.06.25 16:22 I attest to the accuracy and integrity of this document CRM-M-16425-2020 Nursing Road, Hanumangarh Road, Abohar, at about 10.30 p.m., a Swift car came and waylaid the car of the complainant. The Swift car was not bearing any registration number. The occupants of the car Ajay Kumar, Bhallu, Akash, Vikas and Nannu Nepali, got down from the car and attacked the car of the complainant. Accused Ajay Kumar and accused Bhallu broke the front mirror of car of complainant. Accused Bhallu also gave baseball bat blow to the complainant. Petitioner No.2-Nannu Nepali is alleged to have given a baseball bat blow to the complainant. On the asking of the Court, Ms. Bhavna Gupta, DAG, Punjab, has put in appearance on behalf of the respondent-State through video conferencing and on instructions from ASI Bhadur Singh, she states that there are multiple cases pending against the petitioners and that they have been evading arrest in those cases.

In view of the fact that serious allegations have been made and the petitioners are evading arrest in the other matters, I do not deem this to be a fit case for grant of anticipatory bail. In view thereof, the present petition is dismissed.

Before parting with the order, it is made clear that the observations made herein are only for the purpose of deciding the petition for anticipatory bail and would have no effect on the merits of the case. ( ALKA SARIN ) JUDGE 25.06.2020 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No