In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-31556 of 2010 Date of decision: 27.10.2010 Baldev Singh @ Babbal ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. A.K.Khungar, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 100 dated 22.9.2010 under Sections 379/ 411 of the Indian Penal Code, registered at Police Station Bahavwala Tehsil Abohar, District Ferozepur. The contents of the FIR, as reproduced in para 1 of the petition, read as under:- “Stated that I am the resident of the above mentioned address. I am doing the work of repair of Criminal Misc. No.M-31556 of 2010 -2- Mobiles. I have constructed the shop in village itself. On 16.9.2010 there was a Jagran in the house of Dalip Kumar son of Ram Kumar caste Barber in our village. At about 10.00 P.M. I parked my motocycle Hero Honda C.D. Deluxe bearing red colour without number in the street near the house of Dalip Kumar and went inside the house to hear the Jagran. After about an hour when I came out of the house of Dalip Kumar then I noticed that my Motorcycle at that time Hardev Singh alias Debi son of Kikkar Singh caste Majhbi Sikh, Baldev Singh alias Babbal son of Mukand Singh caste Majhbi, Nirmal Singh alias Nimma son of Bakhshish Singh caste Jat residents of Village Jhurar Khera were standing there. I am having the firm belief that they have stolen my Motorcycle. I was searching the same till date. But neither my motorcycle nor these three persons could be traced. I had purchased this Motor cycle from Surya Motors Abohar on 2.4.2009 for Rs. 34500/- and the bill of the same is in my motorcycle. I have not yet prepared the registration certificate of my motorcycle. You have met me in the way as I was going to give you the information. I have got Criminal Misc. No.M-31556 of 2010 -3- recorded my statement to you, which has been heard and found to be correct.” After hearing 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. It has been specifically mentioned in the FIR that when the complainant had parked his motorcycle at that time, the petitioner and his co-accused Hardev Singh were standing there. When the petitioner returned back to the spot, he found that his motorcycle was missing. The motorcycle in question has been recovered from the other co- accused. The petitioner might be required for custodial interrogation. Accordingly, this petition is dismissed. (SABINA) JUDGE October 27, 2010 anita