HARDAYAL 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 in the FIR 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 had come running from the main gate No.3 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 wherein many people were there entered the form through the gate out of which he recognized only 5 people. He has alleged that they were PSOs to Ponty Chadha who is the brother of Hardeep Singh Chadha and in the FIR he had given the name 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 and 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 stated to be parked in the farm house and taken to another farm house. While taking him to another farm house 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 hit anyone. They had taken him to farm house DLF, Chhatarpur. After some time, one person came from outside and told the above 3 PSOs to come out of the room and thereupon those three people left the room. One person came and told those 3 persons to come out. Thereupon, those 3 persons had left him and on getting opportunity he also ran away. He had 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 under Section 307/452/365/342/368/395/397/34/120B IPC at P.S. Mehrauli was registered.

(3.) The background of coming to the aforesaid farm house as per prosecution case is that there was a property dispute between two brothers, namely, Hardeep Singh Chadha and Gurdeep Singh Chadha @ Ponty Chadha subsequent to death of their father Sh. Kulwant Singh Chadha on issues pertaining to their shares in ancestral Farm House no.42, DLF Farms, Chattarpur, Mehrauli and Farm House no.G-19, Pushpanjali Farms, Bijwasan, Delhi. As per prosecution case, the aforesaid farms were in the possession of Hardeep Singh Chadha and Gurdeep Singh Chadha @ Ponty Chadha wanted to obtain physical possession of the same. It is alleged that certain attempts were made towards settlement by the father-in-law of Hardeep Singh Chadha, namely, Sh. Hardeep Sarna and last such effort was made on 16.11.2012 but the dispute was not resolved.