LAWS(P&H)-2021-3-10

SAHIL MITTAL Vs. STATE OF HARYANA

Decided On March 12, 2021
Sahil Mittal Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Prayer in this petition, filed under Section 438 Cr.P.C., is for grant of anticipatory bail to petitioner Sahil Mittal in FIR No. 197 dated 20.11.2020 (Annexure P-1), under Section 285 IPC and Sections 27, 29, 30 of the Arms Act, 1959, registered at Police Station Jakhal, District Fatehabad.

(2.) Learned senior counsel has submitted that as per allegations in the FIR, registered at the instance of complainant Ramesh Kumar son of Nohar Chand, it is stated that petitioner Sahil Mittal had used fire arms and subsequently posted a video on Facebook, in which he is shown firing with a fire arm weapon openly on the terrace of his house with deliberate intention to threaten the complainant and his family members, who are already facing threat in light of the FIR No. 154 dated 16.10.2020, under Sections 306, 34 of the IPC registered at Police Station Jakhal against Sitaram Mittal (father of the present petitioner) and 13 other accused persons. It is further stated that Nohar Chand, father of the complainant, committed suicide on 16.10.2020 and a group of people were harassing and blackmailing the complainant and those persons include Sitaram Mittal and Kirti Goyal. Sitaram Mittal and Kirti Goyal are on interim bail, granted by this Court, wherein it is stated that in case of any lapse on the part of accused Sitaram Mittal, the police may initiate process for cancellation of bail. It is further stated in the FIR that petitioner has caused threat to the complainant and his family members by firing bullets with a fire arm and uploading the same on a social media/Facebook. A copy of the video recording was attached with the complaint.

(3.) It is further stated in the FIR that fire arm of the accused persons be taken in custody and action be taken against Sahil Mittal, Sitaram Mittal and Kirti Goyal under the provisions of Arms Act and interim bail, granted to Sitaram Mittal and Kirti Goyal, be revoked and investigation be launched to find out the licence holder of the said gun.