ANKUR SALARIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks pre-arrest bail in a case registered against him under Sections 307, 452, 323, 324, 506, 148 and 149 Indian Penal Code ('IPC' - for short).

(2.) The FIR in the case has been registered on the statement of Kewal Krishan who runs an optical shop by the name of Kewal Optical at Lottery Market near Clock Tower, Ludhiana. On 19.12.2009 at about 2.00 p.m., Anil Anand alias Monu who runs a Lottery shop by the name of Shiv Agency was going to start a generator near the shop of the complainant Kewal Krishan. The complainant stopped him from starting the generator. At that time his sons Ranjit Singh alias Gora and Harvinder Singh alias Gogi were with him (complainant). An altercation ensued between Anil Anand alias Monu who was forcibly starting the generator. Others from the market pacified Monu and sent him away. At about 3.00 p.m., Monu along with Banta, Topi, Amit Kumar alias Manu, Vikas, Ankur (petitioner) along with 7-8 unidentified persons came there. Monu, Banta, Amit Kumar alias Manu were carrying Kirpan. Topi had a Dah and others were carrying baseball bats and Dangs. They suddenly came and forcibly entered the shop of the complainant and attacked him with an intention to kill him. Monu gave a Kirpan blow on the person of Ranjit Singh alias Gora son of the complainant. Ranjit Singh alias Gora raised his left hand to ward-off the blow and the Kirpan hit him on his left hand. Banta gave a Kirpan blow to Gogi the other son of the complainant who raised his hand to save himself but the Kirpan hit him on his head. Topi inflicted a Dah blow on the person of the complainant and he raised his left hand to save himself and the Dah hit him on his thumb. Then Amit alias Manu gave a Kirpan blow to Gora son of the complainant which hit him on his chest. The others damaged the shop of the complainant with baseball bats and dangs and caused internal injuries to three of them. Anil Anand alias Monu raised a 'Lalkara' that they be not left dry today. The complainant side raised an alarm of 'Maar Ditta Maar Ditta', then all the persons ran away with their respective weapons.

(3.) Learned Counsel for the petitioner has submitted that the complainant had business rivalry with Mukesh Kumar due to which the complainant along with his sons and others caused injuries to the petitioner as well as his associates with sharp edged weapons. It is submitted that Vikas Chhabra, co-accused of the petitioner suffered injury with sharp edged weapons which were declared dangerous to life. A reference has been made to MLR (Annexure-P.1) of Vikas Chhabra. It is submitted that, in fact, it is the complainant who caused injuries to the petitioners and his associates. The complainant got his statement recorded at Clock Tower, Ludhiana at about 8.10 p.m. on 19.12.2009. In fact, the column of FIR shows that the information had been received at 5.15 p.m. It is submitted that the injured was admitted in the hospital at 2.59 p.m. that is much earlier to lodging of the FIR. It is submitted that the incident had occurred at a busy road at Lottery market near Clock Tower within the proximity of 10 yards from the Clock Tower. The Police, it is alleged instead of registering FIR against the complainant side has registered it against the petitioner under political pressure. In fact, a case under Section 307 IPC besides other offences stands registered against the complainant. The injuries that have been found on the person of Vikas Chhabra are dangerous to life. It is submitted that Vikas Chhabra has been granted interim bail by this Court on 26.3.2010 (Annexure-P.4). Besides, the petitioner though named in the FIR is not attributed any role whatsoever.