In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 21408 of 2011 Decided on July 22,2011 Bijender --Petitioner vs. State of Haryana --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr J.S.Ghuman, Advocate, for the petitioner. Mr.Vikas Malik,AAG,Haryana. Mr.M.S.Randhawa,Advocate,for the complainant Rakesh Kumar Jain,J:(Oral) This is a petition for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') in a case registered vide FIR No.47 dated 28.3.2011, under Sections 302,120-B,379, 216,34 of the IPC and 25/54/59 of Arms Act, at Police Station Farrukh Nagar, District Gurgaon. Learned counsel for the petitioner submits that though the petitioner has been named in the FIR but no role has been attributed to him. He submits that one of the co-accused Ajit alias Baba against whom allegations is that he had supplied the weapon for the purpose of committing the offence has already been released on bail. Therefore, he submits that the petitioner has been falsely implicated in this case. In reply, learned counsel for the respondent, on instructions recveived from Inspector Ajit Singh, submits that wife of the deceased had seen the petitioner calling the deceased from his house. The author of the CRM-M-21408 of 2011 -2- FIR has also alleged that he had seen the petitioner taking rounds of the house of the deceased before the alleged occurrence and one eye witness namely Abhey Singh had also seen the accused running away from the place of occurrence. Learned counsel further submits that there were four accused, out of which only two have been arrested and the present petitioner has not been arrested so far. After hearing the learned counsel for the parties, I am of the view that it is not a fit case for grant of anticipatory bail. In view of the above, this peition is hereby dismissed. July 22,2011 (Rakesh Kumar Jain) RR Judge