BAAJ SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a petition under section 439 of Code of Criminal Procedure for the grant of bail to the petitioners in case FIR No.497/12 under Section 307/452/365/342/368/395/397/34/120B IPC registered at P.S. Mehrauli pending before the ld.ASJ, Saket Court, New Delhi in a case titled State vs. Bhupinder Singh Bisht & Ors.

(2.) THE aforesaid FIR was registered on 17.11.2012 at P.S. Mehrauli on the complaint of Nandlal s/o Sh. Ram Kirpal. The complainant has alleged that he had been working with Hardeep Singh Chadha for the past 22 years as a driver. On 17.11.2012 at about 11.00 a.m. when he was present at Farm House No.42, Central Drive, DLF Chattarpur, Mehrauli, at that time he saw staff cook Sonu running from the main gate No.3 who had come to him and told that at gate No.1, 30/40 men were breaking the gate and trying to enter inside. By the time he came out of his room, 4 -5 cars came wherein many persons were there, had entered the farm house through the gate, out of which he could recognize only 5 persons . He has alleged that they were PSOs of Ponty Chadha who was the brother of Hardeep Singh Chadha and in the FIR he had given the names of 3 persons as Bisht, Anna and Premvir. He has alleged that the aforesaid 3 PSOs had been working with Ponty Chadha for the past many years. He had further alleged that Bisht along with Anna had caught hold of him and Bisht handed over him to Premvir and fired twice in the air and stated to the persons there to vacate the farm house. The other persons who had come in the car carrying the aforesaid PSOs were having hockey sticks, swords, rods. It is alleged that they had used the said weapons to beat up the persons present at the farm house and got the farm house vacated from them and locked it from the outside. Thereafter, he was put in an Innova Car parked in the farm house and was taken to another farm house. While taking him and with the intention of killing persons in the farm house they had fired bullets. But he did not know if any of the bullets had hit anyone. They had taken him to farm house no.34, Central Drive, DLF, Chhatarpur. After some time, one person came from outside and told the above 3 PSOs to come out of the room. Thereupon, those 3 persons had left him and on getting opportunity he also ran away. He has alleged that the persons who had come to the farm house had snatched mobile phones of the employees. He has also alleged that he can recognize other persons also if shown to him. On the basis of his statement, FIR no.497/12 under Section 307/ 452/ 365/ 342/ 368/ 395/ 397/ 34/120B IPC at P.S. Mehrauli was registered.

(3.) IT is alleged that as the settlement talks had failed between two brothers, Gurdeep Singh Chadha @ Ponty Chadha in order to have possession sought the help of Sukhdev Singh Namdhari who is co -accused in the present case and asked him to come to Delhi with his men in order to take possession of the aforesaid farm houses.