CRM No.M-6302 of 2011 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-6302 of 2011 (O & M) Date of decision 25.03.2011 Kamal ......Petitioner Versus State of Haryana ......Respondent Present: Mr. Abinashi Singh, Advocate for the petitioner. Mr. H.S. Deol, Addl. A.G. Haryana. S.S. SARON, J. Heard counsel for the parties. The petitioner-Kamal son of Late Raj Singh seeks regular bail in case FIR No.139 registered against him on 17.12.2010 for the offences under Section 147, 149, 323, 452, 364, 506 and 120-B IPC Police Station Line Par, Bahadurgarh. The FIR in the case has been registered on the statement of Sandeep son of Jai Bhagwan. It was alleged by him that he is working as a driver in a private truck. On 16.12.2010 at about 7.30 p.m. the brothers-in- law of the complainant (wife's brothers) namely Ramesh and Naresh sons of Jagdish were returning home from the daily labour work. When they reached Nai Basti Bijli Power House Bahadurgarh, they entered into a scuffle with Kamal son of Rajbir Singh, Vicky son of Ramphal, Ravi son of Krishna and Vajinder son of Ramphal who were already present there. The brothers-in-law of the complainant however, returned home. They narrated the incident to the complainant. On 17.12.2010 at about 9.30 a.m. The complainant, his wife Sunita and mother-in-law Muni Devi were present in their house. In the meanwhile, the aforementioned four boys together with CRM No.M-6302 of 2011 (O & M) 2 Amit son of Ram Kumar, Joginder son of Ram Kumar and Sonu son of Ramesh Kumar entered their house and enquired about Ramesh and Naresh brothers-in-law of the complainant. They said that they would teach them a lesson for the previous night scuffle. The complainant said that Ramesh and Naresh were not at home and had gone out for doing labour. On hearing this Amit son of Ram Kumar hit the complainant with the danda on his head. After hearing the scream of the complainant, his wife and mother-in-law came to his rescue. At that time all the boys started beating the wife of the complainant and his mother-in-law. They shouted for help and the neighbours gathered there and on seeing this, the boys fled away. While leaving they threatened that they had been saved by the neighbours but they would kill them in future, whenever they got a chance. Out of fear of the said boys, the complainant could not go to Police Station. On 17.12.2010 at about 5.00 p.m. in the evening, the complainant was present with his brothers-in-law Ramesh and Naresh at Navyug School Chowk, Line Par, Bahadurgarh. At that time Amit Kumar son of Ram Kumar and Kamal (petitioner) son of Raj Singh came on a motorcycle and forcibly kidnapped Ramesh and Naresh (brothers-in-law of the complainant) with an intention to kill them. They were forcibly made to sit between them on the motorcycle, besides, threatened the complainant that they would kill him. However, the complainant made a complaint to the police. The complainant had a strong suspicion that Amit and Kamal (petitioner) in collusion with the aforesaid boys by hatching a plan had kidnapped Ramesh and Naresh and took them along with them. He requested that legal action be taken. Ramesh and Naresh have since been recovered and the challan against the accused including the petitioner has been filed in the Court. The case is pending for framing of charges on 04.04.2011. The prosecution is to establish and prove its case by leading evidence. The CRM No.M-6302 of 2011 (O & M) 3 prosecution is to examine 15 witnesses. The trial in the case is likely to take time. The petitioner along with Amit is said to have kidnapped the brothers-in-law of the complainant and forced them to sit on the motorcycle. According to the learned counsel for the petitioner, two persons cannot make two other persons to forcibly to sit on one motorcycle. This aspect is however, to be considered and gone into by the learned trial Court after evidence has been led. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Jhajjar shall be admitted to bail. March 25, 2011 (S.S.SARON) Jyoti 1 JUDGE