JUDGMENT

Deepak Gupta, J.

By way of this petition filed under Section 438 Cr.P.C., petitioner has prayed for grant of anticipatory bail in case FIR No.56 dated 02.05.2016 registered under Sections 302 , 201 and 120B IPC at Police Station Sadar Samana, District Patiala, in which he has been summoned by the Court on an application under Section 319 Cr.P.C.

2. As it emerges on perusal of the paper book that retired Inspector Hazur Singh and his son Gurpreet Singh left their home at Patiala on 19.04.2016 at about 11:30 A.M for going to Samana in their Scorpio Vehicle No.PB-11-BD-6622, regarding some land deal. They did not return. On the complaint of Smt. Sukhjit Kaur, the wife of Hazur Singh, a missing report was lodged. On 20.04.2016, information was received about falling of a vehicle in Bhakhra Canal Bridge Jora Majra on 19.04.2016. With the help of administration, divers were arranged and the vehicle of Hazur Singh was retrieved. The vehicle contained the dead body of Gurpreet Singh. Left door of the vehicle was open. The vehicle was in fifth gear and its hand brake lever was pulled. On 22.04.2016, dead body of Hazur Singh was also recovered from Village Bhudarwal, in District Fatehabad.

3. Autopsy was got conducted. Viscera was sent and the doctors preserved the cause of death till the receipt of the report of the chemical examiner. SIT was constituted. Call detail records of the mobile of deceased Gurpreet Singh were checked. A coca cola bottle was found from the vehicle of the deceased, though as per the family members, deceased did not use to drink coke. On finding the circumstances to be suspicious, FIR under Section 302 /201 IPC was registered on 02.05.2016 against unknown persons. The investigation was conducted by a Special Investigation Team and involvement of accused Vishav Aman Singh son of Gurbaksh Singh was found, who was arrested on 12.05.2016 and after completion of investigation qua him, report under Section 173 Cr.P.C was presented.

4. Various representations were made by Smt. Sukhjit Kaur wife of Hazur Singh. She even filed CRM-M-3287 of 2017 before this Court and SLP No.39971 of 2018 before Hon'ble Supreme Court, wherein she was directed to avail appropriate remedy before the trial Court. Sukhjit Kaur then moved an application before the trial Court regarding probable involvement of Sukhjinder Singh @ Ladi, Balwinder Singh @ Ladi, Sewak Singh @ Sahu @ Gursewak Singh (present petitioner) and some other suspects. On the direction of the Court, further investigation was carried out by the SIT and involvement of only Sukhjinder Singh alias Ladi and Balwinder Singh @ Ladi was found and supplementary challan qua both of them was filed.

5. Later on, Sukhjit Kaur wife of deceased Hazur Singh moved an application under Section 319 Cr.P.C for summoning the petitioner Sewak Singh alias Sahu alias Gursewak Singh and one Palwinder Singh to face trial with the other accused. That application was allowed and both of them were summoned vide order dated 24.03.2022.

6. It is submitted by learned counsel for the petitioner that neither in the statement of Smt. Sukhjit Kaur nor during proceedings under Section 174 Cr.P.C in the statement of Manjur Singh, the brother of deceased Hazur Singh, it was ever mentioned that petitioner was involved in the case. It is submitted that as per the allegations, Vishav Aman Singh allegedly administered sedative in coca cola and taking benefit of drowsiness of the deceased, he dragged the Scorpio Vehicle, in which two deceased were sitting in unconscious condition into the canal and then escaped. Learned counsel contends that the fact