Crl. Misc. No. M-31552 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-31552 of 2010 (O&M) Date of Decision: October 27, 2010 Bikram Singh @ Vicky ........Petitioner Versus State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present : Mr. S.S. Rangi, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.231 dated 9.9.2010, under Sections 308,325,323,341,506,148,149 of Indian Penal Code, registered at Police Station Samrala, District Ludhiana. The contents of the FIR (Annexure P-1) read as under :- “Statement of Bir Singh son of Charan Singh, Caste Bajigarh, resident of Mohalla Manunagar, Ward No.9, Samrala, Police Station, Samrala, District Ludhiana, aged 26 years. Stated that “I am living at the above said address and work as Scrap Dealer. On 04.09.2010 at about 9.00 A.M. I along with my uncle Harbans Singh son of Mirza Ram and my uncle's son Crl. Misc. No. M-31552 of 2010 (O&M) 2 Jaswinder Singh son of Ajit Singh, while riding on our respective cycles, had gone to collect scrap from the village. At about 11.15 A.M. when I took a turn from village Herhian towards village Todarpur on the road, one white coloured Swift Car came from behind, which stopped in front of us. Bikram Singh alias Vicky son of Jasbir Singh, resident of Mohalla Manunagar, Samrala, armed with baseball and 4 other unknown persons armed with dangs alighted from the car. Bikram Singh started abusing me and gave a baseball blow on my head with an intention to kill me. He further gave baseball blow on my right hand. Thereafter, the unknown person gave a dang blow on my left arm. Another person gave a blow with a dang which hit my right hand. The third unknown person gave a dang blow, which hit on the backside of my head. The fourth unknown person gave me fist blow, as a result whereof I fell down and raised raula, Mar Ditta, Mar Ditta. In the meanwhile, my uncle Harbans Singh and Jaswinder Singh son of Ajit Singh also came there and saved me from the clutches of accused. On seeing villagers coming near the place of occurrence, all of them ran away while giving threats to me. Harbans Singh and Jaswinder Singh with the help of Khazan Singh son of Sunder Ram, resident of Manunagar, Samrala Crl. Misc. No. M-31552 of 2010 (O&M) 3 shifted me to Civil Hospital, Samrala in a car, where I am undergoing treatment. The motive for this occurrence is that about 15 days ago, Bikram Singh alias Vicky used abusive language to my mother-in- law Indro Devi and for that I complained to Bikram Singh and told him not to do it again. From that very day onwards, Bikram Singh had been giving me threats. Action be taken against Bikram Singh and four unknown persons. Statement got recorded, heard and is correct. Sd/- Bir Singh.” Learned counsel for the petitioner has submitted that there was delay in lodging the FIR. The FIR could have been lodged by the persons who had allegedly witnessed the occurrence. Petitioner, in fact, was not present at the spot. Petitioner has been falsely involved in this case as the complainant was having some dispute with the father of the petitioner. Complainant is the uncle of the petitioner. After hearing the learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out. The allegations levelled against the petitioner are serious in nature. As per the allegations in the FIR, the petitioner had given a baseball blow on the head of the complainant and had given another baseball blow on the right hand of the complainant. Although, no fracture was found on the skull of the complainant but there is a fracture of 3rd Meta Carpus of the right hand. A perusal of FIR (Annexure P-1) reveals that the statement of the complainant was recorded after he was declared fit to make a statement. Crl. Misc. No. M-31552 of 2010 (O&M) 4 The fact whether the petitioner was present at the spot or not cannot be determined at this stage on the basis of resolution Annexure P-3. Keeping in view the seriousness of offence alleged to have been committed by the petitioner no ground for grant of anticipatory bail to the petitioner is made out. Custodial interrogation of the petitioner might be necessary. Dismissed. (SABINA) October 27, 2010 JUDGE Anand