SURESH KUMAR SATIJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is one of the accused in FIR No.0185 dated 03.08.2020 on the file of Police Station City-1 Abohar, District Fazilka, registered under Sections 458, 307, 323, 506, 148 and 149 IPC, and Sections 25 and 27 of the Arms Act, 1959. By way of this petition filed under Section 438 Cr.P.C., he seeks grant of anticipatory bail.

(2.) The subject FIR was registered upon the complaint made by one Surinder Singh @ Vicky on 03.08.2020 at 19.33 hrs. Therein, he stated that he had purchased 27 Washing Machines from one Atul Gupta @ Ashu but was yet to make full payment therefor. According to the complainant, at about 09.30 P.M. on 02.08.2020, Atul Gupta @ Ashu called him on the phone and after 15 to 20 minutes thereafter, Atul Gupta @ Ashu along with the petitioner, who had a Danda in his hand, and one Maku came to his house and attacked him. Maku caught him by the neck and punched him in his chest while the petitioner hit him with the Danda on his back. He thereupon fell down and Atul Gupta @ Ashu opened fire with his pistol. The bullet hit him on his right toe. He raised a hue and cry and his family members and others gathered. The accused thereupon fled from the spot. It is on the strength of this complaint that the subject FIR was registered.

(3.) Mr. Kulbhushan Raheja, learned counsel for the petitioner, would argue that the registration of the FIR by involving the petitioner was a concerted move on the part of the police authorities to implicate him, owing to political compulsions. According to him, the petitioner was not even present at the spot as he was at the house of his brother at that time. Learned counsel would contend that the CCTV footage available at the house of his brother would bear out this fact. He would also point out the delay in the registration of the FIR as the incident is stated to have taken place at about 9.30 PM on 02.08.2020 but the FIR was registered only at 07.33 PM on 03.08.2020. He would assert that the case against his client was concocted. He would further point out that, in any event, the injury attributed to the petitioner is a simple one and pray for relief.