LAWS(P&H)-2014-8-574

VARINDER KUMAR Vs. STATE OF PUNJAB AND ANOTHER

Decided On August 25, 2014
VARINDER KUMAR Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) Varinder Kumar has filed this petition under Section 438 read with Section 482 of the Code of Criminal Procedure (in short the Cr.P.C.) for pre-arrest bail in complaint case bearing No.54 dated 02.06.2014 under Sections 323, 506, 511 of the Indian Penal Code (in short IPC) and Section 3 of the Scheduled Castes and the Scheduled Tribes ( Prevention of Atrocities ) Act, 1989, ( in short the Act) Police Station City Barnala Tehsil and District Barnala.

(2.) Briefly stated, complainant filed complaint against the petitioner with the allegation that complainant is a worker in the Poly Plastic Factory, which is owned by Surinder Kumar, brother of the accused petitioner. The petitioner objected to it as complainant is a fine worker. Accused was pressuring the complainant to leave the job of Surinder Kumar. Complainant further alleged that on 5.4.2014 at 1.00p.m., complainant was going by the side of factory of accused and accused told complainant that he should leave the factory of Surinder Kumar and joined him for which he was ready to pay advance amount. Complainant refused, on which accused gave him slap and fist blows and loudly addressed the complainant against his caste. Number of people collected there. The complainant presented the complaint on 9.4.2014. Petitioner approached the trial Court but his application for grant of pre-arrest bail was dismissed by learned Additional Sessions Judge, Barnala vide order dated 2.8.2014. Hence this petition.

(3.) Notice of this application was given to the complainantrespondent No.2, who was duly served but none has appeared on his behalf.