In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-32926 of 2011(O&M) Date of Decision: November 30, 2011 Ajay Kumar @ Bhajja ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. H.S.Bhullar, Advocate for the petitioner Mr. A.S.Brar, Sr. DAG, Punjab *** Gurdev Singh, J. Heard. This petition under Section 438 of the Code of Criminal Procedure has been filed by Ajay Kumar @ Bhajja son of Kewal Krishan, petitioner-accused, for the grant of anticipatory bail in FIR No. 102 dated 6.9.2011 registered under Section 307 read with Section 34 IPC in Police Station, Division No. 2, Pathankot. According to him, he was not named in the FIR and has been falsely implicated. This FIR was got registered by Mohan Lal, complainant, brother of Narinder Kumar, injured. He narrated therein that on 5.9.2011, they were going back to their house on their respective motor cycles and when they reached near the petrol pump of CIA crossing, his brother received a telephone call and accordingly he stopped his motor cycle. It Crl. Misc. No. M-32926 of 2011(O&M) -2- was 10.30 p.m. when Nirmal Singh @ Nama accused, along with one unknown person came out from one dhaba. That unknown person caught hold of the arms of his brother and Nama -accused, gave a blow with kirch on his neck with intention to kill him. Thereafter, both the assailants escaped from the spot. He also narrated the motive for which Nama- accused, caused that injury. The name of the said unknown person was not disclosed either by the complainant or the injured till the statement of the injured was recorded on 18.9.2011, and it was for the first time that the injured disclosed the name of that unknown person as Ajay Kumar. No cause has been pointed out by the State counsel for non-recording of the statement of the injured till 18.9.2011. According to him, there is no such document in the police file to the effect that in between the injured was ever approached by the Investigation Officer for recording his statement. In these circumstances, the intervening period could have been easily used for falsely implicating the petitioner. In these circumstances, without expressing any opinion on the merits of the case, this petitioner is hereby accepted. In case of arrest of the petitioner in the FIR, mentioned in the petition, he shall be released on bail to the satisfaction of the Arresting Officer subject to the following conditions:- (i)He shall Join the investigation as and when required by the Investigating Officer. (ii)He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to Crl. Misc. No. M-32926 of 2011(O&M) --3- dissuade him from disclosing the same to the Investigating Officer/Court; and (iii)He shall not leave the limits of this country without prior permission of the Court. (GURDEV SINGH) JUDGE November 30, 2011 PARAMJIT