The main legal point established in the judgment is the consideration of evidence and lack of connection between the petitioner and the alleged offenses in granting anticipatory bail.

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in this petition, filed under Section 438 Cr.P.C., is for grant of anticipatory bail to petitioner Sahil Mittal in FIR No. 197 dated 20.11.2020 (Annexure P-1), under Section 285 IPC and Sections 27, 29, 30 of the Arms Act, 1959, registered at Police Station Jakhal, District Fatehabad.

2. Learned senior counsel has submitted that as per allegations in the FIR, registered at the instance of complainant Ramesh Kumar son of Nohar Chand, it is stated that petitioner Sahil Mittal had used fire arms and subsequently posted a video on Facebook, in which he is shown firing with a fire arm weapon openly on the terrace of his house with deliberate intention to threaten the complainant and his family members, who are already facing threat in light of the FIR No. 154 dated 16.10.2020, under Sections 306, 34 of the IPC registered at Police Station Jakhal against Sitaram Mittal (father of the present petitioner) and 13 other accused persons. It is further stated that Nohar Chand, father of the complainant, committed suicide on 16.10.2020 and a group of people were harassing and blackmailing the complainant and those persons include Sitaram Mittal and Kirti Goyal. Sitaram Mittal and Kirti Goyal are on interim bail, granted by this Court, wherein it is stated that in case of any lapse on the part of accused Sitaram Mittal, the police may initiate process for cancellation of bail. It is further stated in the FIR that petitioner has caused threat to the complainant and his family members by firing bullets with a fire arm and uploading the same on a social media/Facebook. A copy of the video recording was attached with the complaint.

3. It is further stated in the FIR that fire arm of the accused persons be taken in custody and action be taken against Sahil Mittal, Sitaram Mittal and Kirti Goyal under the provisions of Arms Act and interim bail, granted to Sitaram Mittal and Kirti Goyal, be revoked and investigation be launched to find out the licence holder of the said gun.

4. Learned senior counsel, before opening the arguments, has referred to order dated 12.11.2020, passed by this Court in CRM-M-34802-2020, wherein Sitaram Mittal, father of petitioner Sahil Mittal, along with other accused, was granted concession of interim anticipatory bail. The operative part of the order reads as under:

"[2]. Petitioners seek anticipatory bail in case bearing FIR No.154 dated 16.10.2020 registered under Sections 306, 34 IPC at Police Station Jakhal, District Fatehabad.

[3]. Petitioners No.1 and 2 are husband and wife. Petitioner No.3 is brother of petitioner No.2. Petitioner in CRM-M No.35831 of 2020 is Municipal Councilor from Ward No.10. Petitioner No.1 in CRM-M No.34802 of 2020 is Municipal Councilor from Ward No.4, whereas petitioner No.2 therein is not a Municipal Councilor. Petitioner in CRM-M No.35444 of 2020 is Municipal Councilor from Ward No.7.

[4]. FIR was registered at the instance of Mukesh Kumar @ Jaggu son of Nohar Chand (deceased). The complainant alleged that his wife Seema Rani is chairperson of Municipal Committee, Jakhal. His father was taking care of election prospects of his wife. On 16.10.2020, his father got ready in the morning and he went to market after informing the complainant. Complainant received a phone call from his younger brother at about 10:40 AM, who told the complainant that he had received a phone call from the office of Municipal Committee that he should reach there immediately. The complainant immediately reached the office of Municipal Committee along with his brother Ramesh. Main gate was closed. Baljit Sharma, House Tax Inspector, Jakhal came from inside and opened the gate. He informed the complainant party that the office door is locked from inside. Complainant party broke up the door and went inside and saw that his father was hanging from the fan with parna. Complainant searched the pocket of his father and found a suicide note. SHO, Police Station, Jakhal was present at t