RAJWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Sec. 439 Cr.P.C in case bearing FIR No.83 dtd. 11/5/2019 registered under Ss. 395, 427, 342 IPC and Sec. 25 & 27 of the Arms Act at Police Station City Sidhwan Bet, Distt. Ludhiana.

(2.) FIR was registered at the instance of Harmandeep Singh with the allegations that he was posted as a security guard in the ATM of ICICI Bank, Branch Kishanpura Chowk, Sidhwan Bet. He was on duty on 11/5/2019 from 10.00 P.M. to 6.00 A.M. In the night of 10/5/2019, at about 10.00 P.M., complainant was on duty. At about 2.30/3.00 A.M., three 1 of 5 persons entered into the ATM room, who were having muffled faces. Out of them, two persons were armed with pistols and one person was armed with iron rod. One of them put pistol on the complainant and pushed him out of the ATM room. Four persons were standing outside the ATM room. Two of them were armed with pistols. One was armed with baseball bat and one was armed with iron rod. They were also with muffled faces. They tried to put cloth in the mouth of the complainant which was resisted by the complainant. During that process their faces got uncovered and the complainant could identify them. Thereafter, complainant was made to sit aside. Two of them were talking in Hindi language whereas one was speaking in the language prevalent in the area of Amritsar. Thereafter the complainant heard noise of breaking of ATM machine. The complainant started feeling stiffness and requested the accused to put out the cloth from his mouth. After about - 1/2 hour one person came there with a tractor. The complainant could identify them. Thereafter all the persons loaded the ATM machine in the tractor and ran away on their motorcycle and tractor. The persons armed with pistols, dropped the complainant near cremation ground. The complainant called his friend. With this background the FIR came to be registered.

(3.) Learned counsel for the petitioner submits after lodging of the FIR, the police received secret information and on the basis of secret information, a raid was conducted at the house of Sarwan Singh @ Akashdeep Singh son of Surjan Singh. The police arrested Sarwan Singh @ Akashdeep Singh, Kulwinder Singh @ Kinder and Harpal Singh @ Kalu along with ATM machine and other tools. Thereafter, the Police recorded disclosure statements of Kulwinder Singh @ Kinder and Harpal Singh @ Kalu. On the basis of their disclosure statements, Sukhchain Singh @ Pintu, Rajwinder Singh @ Veeru, Akashdeep Singh son of Jagsir Singh, Sunil Singh @ Sunili and Maliat Singh @ Sandhu were nominated in the FIR. They were arrested thereafter.