In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-23523 of 2010 (O&M) Date of decision: 18.8.2010 Sombir Singh @ Kala ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Kuldip Sanwal, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 533 dated 22.10.2009 , under Sections 302, 307, 365, 285, 342, 323, 148, 149 of the Indian Penal Code and Section 25 of the Arms Act, 1959, registered at Police Station City Bhiwani. The contents of the FIR (Annexure P-1) reads as under:- “Statement of Amit s/o Sh.Tara Chand, Caste Chamar, r/o New Housing Board, H.No.3061 Sector 13, Bhiwani, aged 18 years, T.No.9728584058. Stated that I am resident of above said address and a student of 10+2 at Bhiwani. Anil s/o Ramesh, caste Chamar, r/o H.No.2823, Criminal Misc. No.M-23523 of 2010 (O&M) -2- New Housing Board, Sector 13, Bhiwani was admitted in hospital at G.H.Bhiwani due to scuffle. He is my neighbourer. I brought his dinner on 19.10.2009 at Ward No.4 in Govt.Hospital, Bhiwani. At about 9.30 pm Amit Pawar s/o Shugan Singh, caste Rajput, r/o Shastri Marg, Vidya Nagar, Bhiwani with Amit @ Jeetu whose address unknown came to Ward No.4 and told me that they have some work with me. When I came out on the stairs I saw a pistol having 8 bullets with Amit @ Jeetu who asked that come forward. They they brought me out of hospital where a Santro car was standing. Near the car, Kala r/o Bamla was standing who made me sit in car. Car was being driven by Rohit, r/o Rajive Colony, Bhiwani. Then Amit Pawar dropped at Meham Gate. They stopped the car at bus stand and purchased liquor and all consumed it. Then they took me to Bamla fields. There 10 boys were there. One of them was Sunil who tied my hands and feet. Then Amit @ Jeetu, Kala resident of Bamla and Sunil assaulted me with iron pipes and sticks and made fire in the air in the fields. During beating my two mobile phones 1650 and 3110 mark Nokia and two ear rings missed. Then I became unconscious I do not know where I was taken. Today in the morning when I gained consciousness I found myself near Bikaner Misthan Criminal Misc. No.M-23523 of 2010 (O&M) -3- Bhandar Hansi Chowk and on both of my feet/legs there were bandages. After taking phone from some person I called my brother and maternal uncle Dharamveer s/o Hanta Ram, both of them took me from Hansi Chowk to Civil Hospital, Bhiwani and got me admitted where doctor treated me. Assailants caused me injuries without any reason. Action be taken against them. Now I am in full senses.” After hearing learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be dismissed. The allegations levelled against the petitioner are serious in nature. The petitioner had allegedly asked deceased Amit to sit in the car and thereafter, he was assaulted with iron pipes and sticks by the petitioner and his co-accused. In these circumstances, no ground for grant of bail to the petitioner is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE August 18, 2010 anita