Crl. Misc. No. M-6283 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-6283 of 2010 Date of Decision : 12th December, 2011 Vinod Kumar .... Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Anil Chaudhary, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab with Mr. A. S. Kalra, Advocate for the complainant. * * * L. N. MITTAL, J. (Oral) : Crl. Misc. No.67386 of 2011 Allowed as prayed for. Crl. Misc. No.67385 of 2011 The application is allowed and Annexure P-6 to P-8 are taken on record, subject to all just exceptions. Main Case By this common order, I am disposing of two cases i.e. Crl. Misc. No.M-6283 of 2010 filed by Vinod Kumar and Crl. Misc. No.M-7559 of 2010 filed by Arjun @ Bablu, both seeking anticipatory bail in case FIR No.225 dated 18.12.2009 under Sections 365 and 120-B IPC and Crl. Misc. No. M-6283 of 2010 -2- subsequently section 420 IPC added, registered at Police Station Sadar Abohar, District Ferozepur. I have heard learned counsel for the parties and perused the case file. Ram Niwas complainant lodged FIR alleging that his brother Ajay Kumar was kidnapped by accused persons including the petitioners and sale deed was obtained from him forcibly and fraudulently. Learned counsel for the petitioners contended that petitioners' co-accused Vikram etc. are on anticipatory bail and both present petitioners are on parity with them. Learned State counsel after seeking instructions from ASI Jalandhar Singh, admitted this factual position. Learned counsel for the petitioners also contended that Ajay Kumar himself affirmed affidavit (Annexure P-4 in Crl. Misc.No.6283 of 2010) affirming that he was never kidnapped by anybody and that he himself had gone with Vikram to Chandigarh having sold his land and since bis brother Ram Niwas was unhappy with him on account of sale of land, he lodged this FIR. Learned counsel for the complainant, however, referred to affidavit dated 29.03.2010 also affirmed by Ajay Kumar corroborating the version mentioned in the FIR. However, learned counsel for the petitioners has pointed out that Ajay Kumar has even filed criminal complaint against his brother Ram Niwas (complainant of the present FIR) inter alia reiterating the version contained in affidavit Annexure P-4 that he was not kidnapped by anybody and that his brother Ram Niwas lodged false FIR. Crl. Misc. No. M-6283 of 2010 -3- Statement of Ajay Kumar has also been recorded in the said complaint instituted by him. In view of the aforesaid, without meaning to express any opinion on merits of the case, both the petitioners deserve the concession of anticipatory bail. Accordingly both the petitions are allowed. Interim order dated 04.03.2010 passed in Crl. Misc. M-6283 of 2010 and interim order dated 16.03.2010 passed in Crl. Misc. No.M-7559 of 2010 are made absolute. 12th December, 2011 ( L. N. MITTAL ) 'raj' JUDGE