LAKSHYA @ PAPPU Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petitioner has filed the present petition under Section 439 Code of Criminal Procedure (for short-Cr.P.C.) seeking regular bail in CBI case No.RCCHG512016S0014 dated 06.10.2016 registered for the offences punishable under Sections 120-B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452 of Indian Penal Code, 25 of Arms Act and 3 and 4 of Prevention of Damage to Public Property Act, 1984 at Police Station CBI SCB, Chandigarh, earlier registered as FIR No. 118 dated 27.02.2016 at Police Station Urban Estate, Rohtak.

(2.) Heard.

(3.) FIR No.118 was registered at Police Station Urban Estate, Rohtak on 27.02.2016 pertaining to the incident, wherein a mob attacked and put on fire the house of Captain Abhimanyu, Minister in Haryana Government, situated in Sector-14, Rohtak. Complainant Rohit Sindhu in his complaint, which formed basis of recording of FIR, has stated that on 19.02.2016, crowd of agitators started gathering at Sector-14, Rohtak and attained aggressive look. The District Administration clamped curfew. The leaders of agitators through their speeches were inciting the gathering to chase, drive away and attack the police. The complainant and his companions were listening and seeing the entire happening while standing outside the house of Captain Abhimanyu. Due to speeches of leaders, a clash ensued between the gathering and the police standing near Delhi Bypass Chowk. At about 2.30 p.m., sound of shots was heard from Delhi Bypass Chowk side and this news was spread that many persons had suffered fire shot injuries and many agitators have died. At about 00 O'clock, a crowd gathered at the place, somebody proclaimed from the mike that shots were fired on the order of the Government and house of Captain Abhimanyu be set on fire, robbed and whosoever is found in the house, be killed. Leaders of agitators namely Rajesh Rukhi, Joginder Joga Banlad, Master Mahender Singh Hooda Kiloi, Gaurav Budhwar, Sumit Kharawar, Sombir Jasia, Manoj Duhan, Yogesh Rathi Law Department MDU, Jitender Rathi, Jagpal MDU, Pawan Jasia, Yoganand Ex-Sarpanch, Baljeet Baliyana, Surinder Advocate, Umed Polangi, Aazad Polangi, Aashish Rurki, Rahul Hooda Basantpur, Satyawan Kadyan Dev Colony, Monu Kheri Sadh, Dadu Deeghal, Deepak Dalal @ Sanju, Vikas Rathi Gaddi Kheri, Sandy Deshwal Ghilor, Sandeep Kalkal Advocate, Beeja Chamarian, Amrender Sindhu, Narender Balhara MDU and Deva Prem Nagar, led the crowd to the Kothi (house) of Captain Abhimanyu. Complainant and 25 persons, who were present there, closed the door of the house as there were only four police man, who were deputed on guard duty at that time. The leaders named above by setting on fire house of family of Captain Abhimanyu tried to burn all the family members living there. However, they were saved by the complainant and other persons present there. The rowdy crowd of agitators smashed, destructed and looted the entire Kothi (house) and the articles worth crores of rupees lying there including cash, jewellery etc. They also put on fire the vehicles i.e. HR-26CR-5555 (AUDI A6 5 TDI), DL1CT- 5996 (COROLLA ALTIS), HR26CP-7200 (TOYOTA FORTUNER). HR26CR-0369 (AUDI), DL4C-0001 (TOYOTA CAMRY), HR26BX-6006 (PORSCHE), DL3SZ-0001 (LAND CRUISER), lying parked there. Petrol bombs were also used. The assailants were proclaiming that the family of Captain Abhimanyu was inside the house and all of them be burn to death and should not be allowed to go out. However, they were saved by the complainant and elder brother of Captain Abhimanyu with the assistance of some persons.