ARYAN PRATAP SINGH Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioner is seeking anticipatory bail in respect of F.I.R No. 166/2020 for offence under Sections 323/307/447 IPC read with Section 34 IPC and Section 3/25 of Arms Act.

(2.) It is the case of the petitioner that he is a student pursuing LLB Course from Jammu University and that his paternal uncle, Gandarb Singh has lodged a false and frivolous complaint against him as well as against his father and brother as a consequence of which, the aforesaid F.I.R came to be registered. It is further averred that there is some property dispute going on between the father of the petitioner and the complainant, which has given rise to the F.I.R in question, which is absolutely false and concocted.

(3.) Respondent has in its reply narrated that on 17.10.2020, police received a complaint from Gandarb Singh alleging therein that accused Manohar Singh along with his two sons namely petitioner herein and co-accused Bhanu Pratap Singh trespassed into his land bearing Khasra No. 72 situated at Village Kundorian, Katra, where he was constructing a shed in his own land. It was further alleged that the accused started quarreling and beating the complainant and in the meantime, the petitioner herein brought 12 bore rifle and fired upon the complainant but he missed his target. On the basis of this complainant, the F.I.R in question came to be registered and investigation was commenced. It was found during the investigation that there is a long standing property dispute going on between the complainant and his brother namely accused-Manohar Singh. The statements of witnesses under Section 161 Cr.PC have been recorded and the weapon of offence has also been recovered. However, the fired cartridge (empty) has not been recovered so far.