IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-7092 of 2009 Date of decision: March 17, 2009 Anil ….. Petitioner Versus State of Haryana ….. Respondent Present: Mr. R.M. Singh, Advocate for the petitioner. **** S.S. SARON, J. Heard counsel for the petitioner. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 323, 385, 452, 506/34 IPC. The FIR in the case has been registered on the statement of Sonu son of Rattan Singh who is the owner of a factory on Pali-Ballabgarh road under the name and style of RS Engineering. It has been alleged by the complainant that on 21.2.2009, he along with his cousin Sarjit Singh were in their factory at about 7.00 p.m.. At that time, two persons came on a Bullet motorcycle. One of them was Anil (petitioner) and other was Manoj (non-petitioner). They informed the Chowkidar of the factory namely Santi that they were ‘dadas’ of the area and he should get them monthly amount from his owner. They then started beating the chowkidar. Thereafter, they forcibly entered the factory and beat the complainant and asked him to pay them monthly. The complainant then raised an alarm. However, the accused said that if this was disclosed to the Police, he would be done to death. Anil (petitioner) put a country made pistol on the ear of the complainant and threatened to kill him. On the said allegations, the case was registered. Manoj (non-petitioner) was arrested on 22.2.2009. The petitioner was Crl. Misc. No.M- 7092 of 2009 [2] having a country made pistol and it has been alleged in the report submitted by the Incharge Police Post Pali that there are four other cases registered against the accused. Besides, with the country made pistol, the accused used to extract money. Learned counsel for the petitioner has submitted that the petitioner has fallen on the wrong side of the Police and therefore, he is being falsely implicated. It is also submitted that there is no mention of the other cases that are registered against the petitioner. Besides, it is submitted that all the offence except Sections 452 and 506 IPC are bailable offences. After giving my thoughtful consideration to the contentions raised by the learned counsel for the petitioner and perusing the record, it may be noticed that the complaint has been filed by Sonu who is the owner of a factory being run under the name and style of RS Engineering. The said factory is situated on Pali-Ballabgarh road. The owner of the factory would have no reason whatsoever to make false allegations against the petitioner unless such a threat was indeed held out. Besides, it has been mentioned in the report of the Incharge Police Post Pali that there are four other cases registered against the petitioner. Moreover, the country made pistol that is alleged to have been used is also to be recovered. Keeping in view the facts and circumstances of the present case, no ground for pre-arrest bail is made out to the petitioner. Accordingly, the Crl. Misc. petition is dismissed. (S.S. SARON) JUDGE March 17, 2009 amit