- (1.) THE petitioner has filed the present petition under Section 438 Cr.P.C for the grant of anticipatory bail in FIR No.112 dated 29.08.2013 under Sections 379, 188, 413, 120 -B IPC registered at Police Station, Dayalpura, District Bathinda.
(2.) THE aforementioned FIR was registered on the basis of a ruqa sent by HC Gurdeep Singh to the Police Station. He mentioned therein that on 29.8.2013 at about 6.30 PM, he, alongwith HC Bhola Singh, HC Kewal Singh and PHG Sukhdev Singh, was present at bus stand, Dayalpura Bhaika in connection with checking of mining of sand. He received a secret information that the petitioner was digging out the sand illegally from his fields with two tractors and after loading the same, removing it to a place behind his house. This activity was going on at the behest of Harinder Singh alias Hinda. It was also learnt that the petitioner was habitual of violating the provisions of the Mining Act. Even earlier also, cases of theft of sand had been registered against him. Therefore, the petitioner committed the aforementioned offences.
(3.) APPREHENDING his arrest, the petitioner had applied for the grant of anticipatory bail but his application was dismissed by Additional Sessions Judge (Adhoc) (Fast Track Court), Bathinda on 19.2.2014. He then filed the present petition in which notice stands issued and the State is duly represented. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. Even if all the allegations levelled against the petitioner are taken as such, no offence under Section 379 IPC was made out as the land from where the sand was allegedly dug out belonged to the petitioner. It is further submitted that if the petitioner has removed the sand from his field, the FIR could not be registered. At the most, the Mining Officer could file a criminal complaint in terms of Section 22 of the Mines and Minerals Act. It is also submitted that the police had earlier registered false cases against the petitioner on similar allegations at the same Police Station, wherein the petitioner has been granted the concession of bail. In order to arrest the petitioner, once again, the police has registered the present FIR.;