Crl. Misc. M-15475 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15475 of 2008 Date of Decision: 4.8.2008 Sita Ram .....Petitioner VERSUS State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR JAIN Present:- Mr. B.K.Bagri, Advocate for the petitioner. Mr. S.S.Goripuria, DAG, Haryana. RAKESH KUMAR JAIN, J. This is a petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 52, dated 19.4.2008 registered under Sections 302, 307, 452, 120-B, 34 IPC read with Sections 25, 54, 59 of Arms Act, at Police Station, Bawal, District Rewari. As per the allegations in the FIR, on 19.4.2008 when complainant Mohinder Singh after attending the marriage of his friend's sister, returned home at about 11:30 P.M, he heard the sound of stopping of some motorcycle outside his house and someone called his name, on which he came out in the courtyard and inquired about persons standing outside about their identity. Two persons namely Babloo and Dholia were found standing near his house at some distance and there were three other persons whom the complainant could not identify on account of darkness. Babloo was annoyed with the Mohinder Singh as he did not allow him to illegally occupy the plot at Bawal. Therefore, according to the allegations, he declared that he would kill him and his father so there may not be left any witness to the occurrence. It is alleged that Babloo pointed out revolver at complainant Crl. Misc. M-15475 of 2008 2 and fired a shot, which did not hit the complainant, as he sat down. Thereafter, Babloo and Dholia both chased the complainant and kept on firing shots. Hearing the sound of gun shots, Dalip Singh, father of the complainant and his mother Santra came out of their room. Babloo fired two shots at Dalip Singh which hit him on his chest and abdomen. He fell down on ground. Thereafter, Babloo and his companions ran away. Counsel for the petitioner has submitted that petitioner is not named in the FIR and telephone calls alleged to have been made by the petitioner to the accused is not sufficient to prove conspiracy. On the other hand, counsel for the State has argued that police has collected evidence with respect to the identity of three persons who were seen by the complainant at some distance and has also secured some evidence that Sita Ram had made phone calls to Babloo who is the main accused on 10th April, 2008. It is also submitted that Sita Ram has even made telephone call to Nihal after the occurrence who was seen at the place of occurrence by other persons. It is the case of the prosecution that Parveen another accused of the case, as stated by the villagers, has stayed with the petitioner for 15 days before this occurrence. I have heard the counsel for the parties. It is a case in which the petitioner is being prosecuted under Section 302 read with Section 120-B IPC and as per the version of the prosecution, the petitioner is the main conspirator. Therefore, it being a serious offence, I do not find it to be a fit case for grant of anticipatory bail. The petition is, therefore, dismissed. August 4, 2008 (Rakesh Kumar Jain) rekha Judge