GURDHAYAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant petition has been preferred by the petitioner, seeking anticipatory bail under Sec. 439 of the Code of Criminal Procedure (in short "Cr.P.C.), in case FIR No. 147 of 2021, dtd. 24/5/2021, registered in Police Station, Nalagarh under Ss. 147, 148, 149, 341, 323, 307, 302, 120B, 201 IPC and 25, 29B, 30 of the Arms Act.

(2.) Status report filed and records also made available. Records of cross FIR No.161 of 2021 dtd. 15/6/2021 registered in Police Station Nalagarh, District Solan, H.P., under Ss. 336, 307, 147, 148 and 149 of IPC and Sec. 25 of Arms Act, 1959 was also made available.

(3.) It transpires from the record that on 24/5/2021, FIR in present case was registered on the basis of statement made by one Rajinder Singh, recorded under Sec. 154 Cr.P.C., wherein it was stated that on 24/5/2021 complainant alongwith his companions namely Simran alias Simmu, Akbar alias Akku, Nazim alias Raja, Iqbal Mohammad alias Pala, Rammi, Rajan and others was going in two vehicles bearing registration Nos.HP-12M-7845 and HP12N-7845 from Bhud to Falahi Kotla and when they reached near Petrol Pump Khera, at about 3.00 p.m., some vehicles came from Nalagarh side and out of those vehicles, one black coloured Scorpio hit the car bearing registration No.HP-12M-7845, and 10-15 persons came out of other vehicles including Balbir alias Ballu, Rakesh, Avtar, Jagpal alias Kakku, Vijay Kumar alias Vishu and Bindu and they fired on the car and some of them and others were carrying swords (Kirpan and Darat etc.) and in this incident Simran alias Simmu received bullet shot in his chest whereas Avtar and Nazim received bullet injuries and complainant and Iqbal Mohammad alias Pala were also injured, however, Rammi and Rajan did not receive any injury. Thereafter, the assailants had run away from the spot in their vehicles and injured were taken to hospital, where Simran alias Simmu was declared dead. Two gunshot grievous injuries were found on the body of Akbar. Similarly two grievous bullet injuries were also found on the person of Nazim alias Raja. Whereas, Iqbal alias Pala and complainant had received blunt injuries.