OM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 302, 364, 323, 506, 201, 120-B and 34 IPC.

(3.) The FIR in the case has been registered on the complaint of Sulekha wife of Chain Singh. It is alleged by her that in the year 1986 her husband Chain Singh had purchased land from one Amar Nath. The sale deed of the said purchase was executed in the name of Chain Singh-husband of the complainant. Ahal Singh, who is the brother-in-law (real brother of Chain Singh) of the complainant had taken possession of that land. There was a dispute regarding the said land. On account of the dispute the complainant and her family members, it is alleged, were implicated in a false criminal case. In their absence on 8.4.2008 her husband was killed by Ahal Singh. The complainant and her family members were, however, acquitted in the false criminal case on 9.9.2008. Thereafter, on 21.9.2008 at about 5.00 p.m. the complainant left her son Nitesh aged 25 years at home and went to Kali Mata Mandir at Gannaur for paying obeisance. After she had gone, her son Nitesh went to his grand-mother Smt. Lila and asked her for release of their land. Thereafter, a phone call was received by the daughter of the complainant, namely, Suman at her house from aforesaid Ahal Singh. He said that they would teach them a lesson for demanding the land. He further said that if she has courage, she could save her brother. The daughter of the complainant, namely, Suman telephoned Parvesh-the other son of the complainant. Parvesh brought the complainant and the daughter of the complainant, namely, Suman on his motorcycle and reached home. Then Krishan son of Baru caught hold of the daughter of the complainant from her hair and manhandled her. In the meantime, Sandeep informed the daughter of the complainant on telephone that Rajpal and Sanjay sons of Krishan, Nawab, Sunil sons Khila Ram, Ahal Singh son of Panthi and Om Pal (petitioner) son of Khila Ram were beating her brother Nitesh in the narrow street near the shop of Prem. The complainant ran towards the street where Rajpal, Sanjay, Sunil, Nawab, Ahal Singh and Om Pal (petitioner) were beating her son. On seeing them, they took her son somewhere on their motorcycles. It was prayed that the son of the petitioner be got released from their clutches.