Mohit Malhotra v. State Of Punjab
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# $ % Mr. Anil Kumar Garg, Advocate for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab. ..... /&0'
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12 1.
Petitioner has filed instant petition under Section 482 of BNSS, 2023 for grant of anticipatory bail in FIR No.134 dated 19.08.2024 under Sections 109, 191 (3), 190, 125 of BNS, 2023 and Section 25 of Arms Act, registered at Police Station Division No.5, Ludhiana, District Police Commissionerate, Ludhiana.
2.
As per facts of the case, Gary Bhardwaj gave his statement that he is student of B.A. Journalism. On 18.08.2024 at about 4 pm, he along with his friend Karan @ Uvi and Sahil had gone to HEE BEE Sarabha Nagar, Ludhiana by riding BMW car bearing registration DL-01-CT-2178. They were going towards model town from BRS Nagar and at about 6.40 pm when they turned towards Municipal Corporation Office near canal side a white colour Brezza Car came from behind. He could not read the number but 4-5 persons were sitting in the car which was driven by Aryan and Deepa
Purewal was sitting next to him. Aryan hit his car from driver side and Deepa Purewal started firing from his pistol with an intention to kill. He tried to escape in his car. Shots hit their rear window. However, they escaped from the bullets and two others bullets hit from the other side. He drove his car towards model town and the said persons followed them. Later-on, they disappeared. Occurrence took place as the dispute had arisen between his friend Mudit Sood and Kunwarvir. Said firing was done with the intention to kill them. Later-on, supplementary statement of complainant was recorded on 20.08.2024 and it was alleged that one Scorpio car bearing registration No.PB-91U-2221 also followed said Brezza Car in which present petitioner along with Akshit Arora, Aryan Ghuman, Deepa Purewal and Chiri were also sitting. With these allegations, present FIR has been registered. 3.
Learned counsel for petitioner argued that initially petitioner was not named. His name has been cropped up in the supplementary statement recorded after 2 days. No overt act is attributed to him. He is falsely implicated in this case. He is ready to join the investigation. Therefore, his anticipatory bail may be allowed. 4.
Bail application is opposed by learned counsel representing State. Detailed status report has been filed which is taken on record. It is pointed out that present petitioner accompanied other co-accused who attacked on complainant. He is required to join investigation. 5.
I have considered the arguments and have gone through the record. As referred above, present petitioner was not initially named. In supplementary statement recorded after 2 days, name of present petitioner cropped up that he was accompanying other co-accused in Scorpio which is
3 allegedly owned by one Gagandeep Singh. Considering the aforesaid facts and the role attributed to present petitioner, no recovery is to be effected from him. He is ready to join the investigation. 4 '
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