TAJ MOHAMMAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Taj Mohammad alias Taju, who is behind the bars since 28.1.2019, has approached this Court in the instant proceedings, filed under S.439 CrPC, for grant of regular bail in FIR No. 11 dated 7.1.2019, under Ss. 392, 307 and 120B IPC and S. 25 of the Arms Act, registered at Police Station, Baddi, Solan, Himachal Pradesh.

(2.) Sequel to order dated 16.8.2019, ASI Ram Sawroop, Police Station, Baddi, Solan, Himachal Pradesh has come present with the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Record made available this Court reveals that on 3.1.2019, complainant Amit Kumar telephonically informed the Police Station Baddi, that at a place namely Sandoli Gurudwara, two motor cycle riders have fired at a person, going on his motor cycle and thereafter culprits have fled away towards Nalagarh. After having received aforesaid information, though the Police tried to record statement of injured, Lal Chand, but since he was not fit to give statement, police recorded statement of Amit Kumar under S.154 CrPC, who alleged that on 7.1.2019, when he alongwith his family members was going in vehicle bearing registration No. HP03T-4354, a person carrying a bag on his shoulder was riding a motor cycle bearing registration No. HP-12G-6402 at place namely Malpur Bridge and simultaneously, two persons were also going towards Baddi riding a silver coloured motor cycle with covered faces, who were tying to pull the rider of earlier motor cycle. It is further alleged in the complaint that near Chinar Hotel, riders of silver coloured motor cycle were seen coming back, whereas motor cycle bearing registration No. HP-12G-6402 and its rider were lying on the road. On enquiry, it was revealed to the complainant by the persons present there that riders of the silver coloured motor cycle fired and snatched bag containing Rs. 8.00 Lakh. On the basis of aforesaid statement made by complainant Amit Kumar, FIR in question came to be lodged at Police Station, Baddi. Injured Lal Chand was rushed to PGI Chandigarh, where he remained admitted for quite considerable time. As per status report, said injured person has been discharged but the injuries suffered by him have been opined to be grave in nature. On the basis of CCTV footage and dump data, police apprehended three accused namely Major Singh, Sukhbir Singh and Hardeep Singh alias Rimpa. Investigation further reveals that at the behest of above named accused, a sum of Rs. 3,19,000/- came to be recovered. During investigation, co-accused Major Singh disclosed that he had taken the pistol from bail petitioner for a sum of Rs. 1,04,000/-. He further disclosed that apart form Rs. 1,04,000/-, he also handed over Rs. 1,20,000/- to the bail petitioner, for safe custody. On the basis of aforesaid statement made by co-accused Major Singh, bail petitioner came to be arrested on 28.1.2019, and since then he is behind the bars.