GURPREET SINGH ALIAS GOPI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.P.C. for the grant of regular bail to the petitioner in FIR No. 169 dtd. 9/10/2017, registered under Ss. 302, 363 IPC (Sec. 363 IPC was deleted and Ss. 379-B, 323, 325 IPC added later on) at Police Station Sadar Patti, District Tarn Taran.

(2.) Learned counsel for the petitioner argues that the facts which have come on record in the present case itself show that the petitioner has wrongly been roped in the present case case so as to hide the truth resulting into the death of Jatender Singh. Learned counsel for the petitioner further argues that as per the allegations alleged in the FIR, which have been recorded on the basis of the complaint of the uncle of deceased, namely, Gurbaksh Singh, deceased Jatender Singh and one Saraj Singh, both had left house of the complainant on 8/10/2017, after which Jatender Singh could not be traced and thereafter, the father of Saraj Singh had come to the house of Gurbaksh Singh with the information that both Saraj Singh as well as Jatender Singh have met with an accident and are required to be taken to the hospital. Learned counsel for the petitioner submits that as per the FIR, only Jatender Singh was found at the spot lying dead, whereas Saraj Singh was admitted in hospital. On the basis of the complaint filed by the uncle of deceased, namely, Gurbaksh Singh, allegations were made against Saraj Singh of committing the crime.

(3.) Learned counsel for the petitioner submits that thereafter, Saraj Singh initially gave a statement that he alongwith Jatender Singh were going on a motor-cycle and both of them were intoxicated, when a particular gentleman appeared on the road and gave a dang blow to Jitender Singh, due to which, both of them fell down and suffered injuries and ultimately, Jitender Singh died. Initially, no one was named. Thereafter, in a supplementary statement, the petitioner was named by said Saraj Singh stating that he had recollected the incident as the petitioner was known to the said Saraj Singh as he resides in an adjoining village. Learned counsel for the petitioner further submits that surprisingly, Gurbaksh Singh has neither been made a witness, who was initially the complainant, wherein Saraj Singh was an accused, which itself shows that the investigation has been done to save Saraj Singh as the brother-in-law of said Saraj Singh was posted in the Police Station, where the FIR was registered.