SANJAY KUNDU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for grant of anticipatory bail in FIR No. 0154 dtd. 4/6/2021, registered under Ss. 201, 302, 34 of the IPC and Ss. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) (added later on) at Police Station Sahlwas, District Jhajjar.

(2.) The operative part of the order dtd. 20/9/2021, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

(3.) Learned senior counsel argues that the petitioner is a practising lawyer and he is a member of the District Bar Association, Rohtak. It is further argued that in fact after the registration of the FIR, four persons, namely Sushil Kumar, Arun, Mohit @ Kalia and Surender, stand arrested and as per the disclosure statement of co-accused Surender @ Chottu, it is stated that he and Mohit @ Kalia are close friends and on 4/6/2021, when both of them were sitting at a liquor vend, Mohit received a call from Ajay, who is a contractor of fish farming, who told him that two thieves have entered into the village pond and asked them to go to the spot. On this, Surender @ Chottu and Mohit reached at the spot, where the watchmen of the pond, namely Arun and Sushil, met them. All of them saw that two persons were inside the pond and when they called them, one of them fled away from other side and one boy came outside to them. They all caught hold of him, who told his name as 'Anil'. Thereafter, Surender @ Chottu and Wathman Arun took out a stick and gave beating to Anil and Watchman Sushil had given fist and slap blows to Anil. When Surender @ Chottu and Mohit were asking Anil to sit in the middle of the scooter, in the meantime, Ajay Kundu and petitioner Sanjay Kundu came there in a Creta car and said that on earlier occasion also, they have stolen the fish. Thereafter, Ajay Kundu and Arun gave beatings to Anil with stick/Danda and then, Surender @ Chottu, Sanjay Kundu, Ajay and Arun made Anil to sit in the car and took him to a park near the liquor vend, where also, Ajay and Arun gave him beating with stick and he became unconscious.