GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition filed under Section 438 Cr.P.C.is for grant of anticipatory bail to the petitioner in case FIR No.65, dated 30.11.2010, under Sections 307, 353, 332, 225, 186, 120-B, 34 IPC, and under Section 25 of the Arms Act, registered at Police Station Balianwali, District Bathinda.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge,Bathinda, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.

(3.) Brief allegations against petitioner-accused are that Harjit Singh, Head Constable, who is complainant in this case, on 30.11.2010, alongwith Head Constable Hardial Singh had gone to the Court of Judicial Magistrate Ist Class, Talwandi Sabo, by bus for producing accused Kuldeep Singh @ Deepi S/o Sukhdev Singh, who was accused in case FIR No.59, dated 31.5.2008, under Sections 341, 323, 148, 149 IPC, registered at Police Station Talwandi Sabo, from Central Jail Ludhiana. Present petitioneraccused, who was posted as Assistant Superintendent in the said jail, also accompanied them in the same bus from Ludhiana to Talwandi Sabo. When they were about to return from Talwandi Sabo, after attending the Court, the present petitioner-accused met them at the main gate of the Court complex and told them that a qualis vehicle bearing No.PB-19C 8750, which was lying parked there, is owned by a person known to him and hence, he told them that they could go to Barnala in the said vehicle. The complainant insisted that they would go by bus only and, however, on the assurance being given by present petitioner-accused they alongwith accused-Kuldeep Singh boarded the said vehicle. Present petitioner-accused Gurdeep Singh sat on the front seat of the vehicle alongwith the driver and complainant alongwith Head Constable Hardial Singh and accused Kuldeep Singh were sitting on the middle seat behind the driver and on the back seat, two young men were sitting. When they reached near Maur Mandi towards Rampura side, 2-3 kilometers ahead from Kuttiwal Kalan, petitioner-accused got the vehicle stopped on the plea that he was to urinate. The vehicle was stopped and, however, complainant and Head Constable Hardial Singh were attacked by other persons sitting on the back seat and they threw red chilly powder in their eyes. One of them was carrying a knife in his hand and gave blow on the shoulder of Head Constable Hardial Singh. The other person, who was carrying a kirpan, gave kirpan blow in head of the complainant. They tried at their best to get released accused Kuldeep Singh, however, failed as hook of the handcuff of the accused was attached with the belt of the complainant. He raised alarm. Some persons of the public gathered there. Thereafter, both the persons occupying the back seat and present petitioner-accused ran away. On the direction of the complainant, driver of the vehicle had taken them to Rampura Civil Hospital, where complainant and other injured were admitted. Matter was reported to the concerned police station immediately after the occurrence by the Head Constable.