(1.) Navtej Pal Singh, petitioner has applied for anticipatory bail by way of this petition brought under section 438 Cr.P.C. in a case registered by way of FIR No. 224 dated 5.10.2011 at Police Station City Ferozepur, District Ferozepur, initially for an offence punishable under section 304-A, but later on converted into section 304 of Indian Penal Code.
(2.) The case in brief is that the petitioner, a police constable, had been assigned to Sh. Lakhwinder Singh, Chairman, Market Committee as Gunman and a carbine was allotted to him for the purpose. He along with complainant Yadwinder Singh and the deceased Amritpal as also some other persons was travelling in an Innova vehicle on 5.10.2011. At about 5.00 PM, the carbine carried by the petitioner on his legs went off and the bullet first went through the right arm of the complainant and went inside the right side of the chest of Amritpal. The vehicle was immediately turned towards Ferozepur. Amritpal was brought to Civil Hospital, Ferozepur, where Amritpal was declared as brought dead.
(3.) Initially, the case was registered for an offence punishable under section 304-A IPC. Later on, supplementary statement of Yadwinder Singh, complainant was recorded on which, DDR No.26 was entered on 22.11.2011 at the police station adding section 304 IPC to the case.