The court emphasized the need to balance the freedom of an individual with the gravity and seriousness of the offense, especially when the offense affects a large number of people.

JUDGMENT :

JASGURPREET SINGH PURI, J.

1. The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.281 dated 4.11.2020 registered under Sections 302 and 328 IPC (later on Section 302 IPC was deleted and Sections 304, 201, 120-B and 420 IPC and Section 72A(a) of Punjab Excise Act, 1914 and Section 63 of the Copyright Act were added) at Police Station, Chhainsa, Faridabad.

2. As per the FIR, which has been reproduced in the petition itself, a complaint was lodged by one Keshav son of Jai Pal that on 31.10.2020 at about 6/7 p.m., his elder brother namely Charan Singh had gone to M/s Jai Kishan Filling Station Petrol Pump, Chhainsa to see his friend Jasmer @ Jasvir son of Mewa Singh as said Jasvir @ Jasmer was in service at the petrol pump. His brother had gone to the petrol pump on the tractor and later on the complainant came to know that his brother Charan Singh and his friend Jasmer @ Jasvir had consumed liquor at petrol pump by asking Sanjeev Kumar son of Tantpal to bring the same.

3. The said Sanjeev Kumar is involved in the supply of illicit liquor and his brother returned home late at night and his condition worsened on 1.11.2020 suddenly. He started vomiting and eye sight also diminished completely. On 2.11.2020, he was taken to Sarvodya Hospital, Sector-8, Faridabad and he did not gain consciousness after admission. He died on 4.11.2020 at 4.30 p.m. during treatment. The brother of the complainant is stated to have died due to consumption of a poisonous liquor which was supplied to him by one Sanjeev Kumar son of Tantpal.

4. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case as the name of the petitioner does not figure in the FIR. He has submitted that no allegations attributable to the petitioner and he has been nominated as an accused on the basis of the disclosure statement made by one co-accused, namely, Ajeet who was arrested. He submitted that the disclosure statement of co-accused is not admissible in evidence and the present case has been planted upon the petitioner by the police. Learned counsel for the petitioner has submitted that no recovery has been made from the place of the petitioner. He has further submitted that the other main accused have been granted regular bail by the learned trial Court and has, therefore, sought for anticipatory bail in the present case.

5. On the other hand, Mr. Panwar, learned DAG, Haryana has submitted that a detailed reply dated 4.6.2021 has been filed by the Assistant Commissioner of Police, Tigaon, District Faridabad with regard to the role of the petitioner in the present case. While referring to the aforesaid reply, learned DAG has submitted that it is a case where two persons, namely, Charan Singh and Jasvir @ Jasmer have died due to consumption of poisonous liquor which was brought to them by the co-accused Sanjeev. During the investigation of the case, one of the co-accused, namely, Ajeet, who was arrested and suffered his disclosure statement and disclosed the name of the petitioner regarding the involvement in the present case. The learned State counsel submitted that one Vikas Maratha is the main licensee of Nariyala liquor vend, who further sold the said Nariyala liquor vend to Rajesh and Amit Malik, co-accused.

6. These two persons, namely, Rajesh and Amit Malik further sold the liquor vend to Gaurav and co-accused Dharmender by way of an oral agreement against a sale consideration of Rs.50 lacs including another liquor vend of village Mehmoodpur and the co-accused Gaurav and Dharmender @ Minder used to pay Rs.4 lacs as monthly installment in cash to co-accused Rajesh and Amit Malik.

7. The present petitioner, namely, Jeetu @ Jitender used to manufacture the spurious liquor in his plot dairy/poultry farm located at village Dhatir in conspiracy and with the help of his other co-accused, namely Ajeet son of Gheesa Ram, Dheeraj son of Ra