Gurvinder Singh Gill J
Petitioner requests for grant of anticipatory bail in a case registered against him vide FIR No.201 dated 13.10.2020, under Sections 399, 402, 379-B,
212, 216 and 411 IPC and Section 25/54/59 of Arms Act, 1959, registered at Police Station Nathana, District Bathinda.
The FIR was registered pursuent to receipt of secret information to the effect that Gursharan Singh @ Jauli, Gobind Singh, Lovepreet Singh @ Lavi,
Jasvir Singh @ Jassu, Lakhvir Singh @ Happy, Sikander Singh, Gobind Singh @ Kalu, Kuldeep Singh @ Mantri, Surinder Singh @ Happy and
Lachman Singh @ Babbu were possessing dangerous weapons and had formed a gang for the purpose of committing dacoity and at that moment had
gathered near a vacant brick kiln while planning to commit dacoity in the house of some rich persons. Pursuant to receipt of said information a raid
was conducted at the nominated place and four persons, namely, Gobind Singh @ Kalu, Lovepreet Singh @ Lavi, Jasvir Singh @ Jassu and
Lachhman Singh @ Babbu were nabbed at the spot. Subsequently, on 18.10.2020 accused Deepu Giani, Lovely @ Roghar, Sukhchain Singh @
Chaina, Bahal Singh @ Bahala, Jagjeet Singh @ Balle Balle were nominated as accused vide DDR No.25 dated 18.10.2020 on the basis of statement
of Chamkaur Singh and the offence under Sections 379 and 411 IPC were added. On the same day i.e. 18.10.2020, during investigation, accused
Gobind Singh @ Kalu, Lovepreet Singh @ Lavi and Lachhman Singh @ Babbu got recovered two motor-cycles without having numbers, one air
pistol, one kapa, one hockey, stolen currency notes of Rs.25,000/- and three mobile phones. Accused Jagjeet Singh @ Balle Balle and Lovepreet
Singh @ Happy were also arrested on 18.10.2020 and they got recovered one pistol .315 bore alongwith two live cartridges, iron kuhari, stolen
currency of Rs.25,000/-, five mobile phones of different marka and four motor-cycles of different marka. Thereafter, on 11.11.2020 accused Jaskaran
Singh @ Lovely @ Roghar was arrested and he got recovered one motor-cycle marka Bajaj without having any number on the same. As per
prosecution accused Kuldeep Singh @ Moni used to provide the meal and accommodation etc. to the abovesaid accused persons after committing the
lootings/snatchings and as such offence under Sections 212/216 IPC were added. During investigation accused Lovepreet Singh @ Lavi disclosed that
he alongwith Lovely, Boggi, Happy, Govind, Jagjeet Singh, Gursharan Singh @ Jalli, Kuldeep Singh @ Mantri (petitioner herein), Deepu Giani, Happy,
Bahala and Sukhchain snatched the bag and then assembled in the cremation ground where they distributed the snatched amount amongst them. It is
accused Jasvir Singh, who named the accused Kuldeep Singh @ Mantri (petitioner herein) during investigation that he had accompanied him and other
persons for snatching the money and motor-cycles from the passer-byes.
Learned counsel for the petitioner has submitted that he was never ever arrested at the spot and has been falsely nominated as an accused in the FIR
and also in disclosure statement allegedly made by co-accused Lovepreet Singh. Learned counsel has further submitted that another co-accused
Bahal Singh has already been granted anticipatory bail.
Opposing the petition, learned State counsel has submitted that the petitioner cannot claim any benefit on account of the fact that co-accused Bahal
Singh has been granted anticipatory bail as the said Bahal Singh was not named in the FIR whereas the name of the present petitioner figures in the
FIR. Learned State counsel has however informed that the petitioner is not involved in any other case.
Having regard to the facts and circumstances of the case and while bearing in mind that the petitioner is stated to have clean record, the petition is
accepted and the petitioner, in the event of arrest, is ordered to be released on bail subject to his furnishing personal bonds and surety bonds to the
satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with
the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C.
