SUNDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.108 dtd. 26/3/2018 at Police Station Sector 56, Gurugram under Ss. 285, 304-A, 34, 384 and 447 of Indian Penal Code.

(2.) The FIR was registered at the instance of Sanat Das, wherein it has been alleged that he has two children, the elder being daughter aged about 13 years and younger being a son and that on the day of occurrence he alongwith his wife had left their hut at about 9:30 AM for work and that his son had gone to school and his daughter was alone at their hut. It is alleged that at about 9:45 AM smoke was seen coming from his hut and from nearby huts and he rushed to the spot and saw that his daughter Deepali had caught fire. The complainant took his daughter to hospital but she succumbed to her injuries. It is alleged that the fire had been caused due to a blast of LPG cylinder in an adjacent hut and that Nuru, Contractor, who is charging an amount of Rs.1500.00 per hut illegally, had not made any arrangements for extinguishing fire in such like eventuality and that said Nuru after collecting the amount hands over the same to Sunder son of Bulley.

(3.) The learned counsel for the petitioner has submitted that infact the father of the petitioner owned the land in question where the huts are situated and although the land had been acquired by 'Haryana Urban Development Authority' but possession of the same had not been taken over and that, in any case, the petitioner or his father were under no obligation to provide fire extinguishers or other such like facilities.