SARDOOL SIKANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.189 dated 4.6.2021 under Sections 379-B, 34 of IPC registered at Police Station, Derabassi, District SAS Nagar, Mohali.

(2.) As per the allegations contained in the FIR, which was lodged on the statement of one Davinder Sharma son of Rameshwar Dass Sharma, he is doing the business of repair of jewellery on order and from Bhappa mechanic of Karol Bagh, Delhi and Sanatu of Chandni Chowk, Delhi he used to make jewellery on customers' demand. On 3.6.2021 from his house at Kurukshetra he took his bag at about 1.00 p.m. and firstly went to Yamuna Nagar and then from there he went to his customer Neena wife of Amit, resident of Paonta Sahib and then returned home at about 4.00 p.m.. He recovered earlier payment of Rs.46,000/- and sold new jewellery for Rs.80,000/- i.e. total Rs.1,26,000/- and he put it in his bag and did not give any bill to them. Thereafter from Paonta Sahib he left for his house at 4.45 p.m. and at Batta Chowk, Paonta Sahib he waited for one hour for a vehicle and then at about 7.00 p.m., he took lift from Batta Chowk, Paonta Sahib in a jeep and reached Ambala at 9.15 p.m. Thereafter at Sultanpur Chowk, Ambala City, he stopped one Innova car (silver colour) and took lift for Chandigarh. When he sat in the Car, he saw that 4 persons were there out of which one who was driver was wearing white coloured parna on his head and the person sitting in the back seat was also wearing white coloured parna on his head and the rest two persons were clean headed. Their age was around 35-40 years and then on the way, the person sitting on the conductor seat got out of the car and sat with him on rear seat. When they crossed toll plaza of Dappar at about 10.00/10.30 p.m. and reached Bakarpur Bir, the driver turned his car towards Bakarpur Bir and when they crossed railway crossing, they stopped the Car and pushed him and snatched his bag which contained his mobile phone, jewellery and cash amounting to Rs.1,26,000/-. It is further stated in the FIR that the complainant can recognize them if they were produced before him. The Innova car was of silver colour bearing No.2900 but he could not read the complete number.

(3.) The learned counsel for the petitioner has submitted that the name of the petitioner was not nominated in the present FIR and it was only on the basis of disclosure statement made by the other accused, namely, Vipin that his name has been nominated and, therefore, he may be considered for the grant of anticipatory bail. He submitted that the petitioner was falsely implicated in the present case and he has nothing to do with the present incident.