JUDGMENT :

Sandeep Moudgil, J.

Prayer

The jurisdiction of this Court has been invoked under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in FIR No.46, dated 25.02.2024 (Annexure P-1), under Sections 395, 384 and 120-B IPC (Sections 473 and 411 IPC added later on), registered at Police Station Sahnewal, Ludhiana.

2. Prosecution story setup in the present case as per the version in the FIR as under:-

"Statement of unknown Amarjit Yadav son of Ram Nath Yadav resident of Village Parsa alias Sirsia, Police Station Tamkhuhi Road, District Khushinagar, U.P. at present resident of Street No. 6/7, New Satguru Nagar, Lohara, Police Station Sahnewal, Ludhiana aged about 43 Years, Mobile No.: 98726-49186. Stated that I am resident of the aforesaid address and is working as Manager at Bhavya Enterprises Factory, Kanganwala Road, Jaspal Bagar. Accounting of the company's money and accounting of the workers are also with me. On dated 24.02.2024, advance was distributed to the workers and I have brought its remaining amount at home and on dated 24.02.2024 at about 9:30 PM, I was present at my home. Then 7/8 unknown persons from outside who have tied their faces, who was carrying Iron Rods and Datars in their hands, out of which three persons grabbed me and two persons grabbed my boy and pushed him with the wall on one side and other persons broke the lock of my cupboard and took cash and gold and mobile phone brand INFINIX NOT 11 in which SIM No. 82647-34186 was going on and ran away from the spot. To whom I have searched a lot at my own. Now I came to know that the person who stole my money is vijay alias Kala son of Ram Lal, Mohalla New Satguru Nagar, Ludhiana and Harjinder Singh, Sukhveer Singh alias Fauji son of Gurcharan Singh resident of Near Malli Chowk Ludhiana, Tatt son of Sarwan Singh resident of Near Bhutani Dealer, Garib Nagar, Jaspal Bagar Ludhiana, Deepak son of Sarwan Singh resident of Near Bhutani Dealer, Garib Nagar, Jaspal Bagar Ludhiana, Abhisekh alias Chirkut, Deepak Gupta son of Amrik Gupta resident of Near Mahadev Mandir, Mahadev Nagar, Ludhiana escaped with mobile phone. I will check the payment and gold and let you know later that how many are there. Today I along with Gurdeep Singh son of S. Mehar Singh resident of Model Town Extension, Kothi No. 3727/23, Ludhiana was going to inform you. You have met. I have written the statement, I have heard it to be correct. Legal action should be taken against the said persons Sd/- Amarjit Yadav. Statement approved by: Gurdeep Singh son of S. Mehar Singh Resident of Model Town Extension, Kothi No. 3727/23, Ludhiana, Mobile No.: 98721-78401. Verified by: - ASI Surjit Singh No. 2383/Ludhiana, Police Post Kanganwal, Police Station Sahnewal, District Ludhiana Dated: 25.02.24. Police Proceedings: - Today I ASI along with ASI Ram Murty 1028/ Ludhiana, Constable 1407/Ludhiana, Jasvir Singh Constable Manpreet Singh No. 2933/ Ludhiana, PHG Umesh Singh No. 29541 was present at Eastman Chowk regarding patrolling and in search of the suspicious persons. Then the said Amarjit Yadav came and recorded his said statement to me ASI, statement is written, read over and heard. Who has read the statement and heard it and signed in English below the statement. Gurdeep Singh confirmed the statement and the statement was verified by me ASI. On the basis of the aforesaid statement, crime under Sections 395, 384, 120-B IPC is found to be committed. On which, the aforesaid Ruka has been written against Vijay alias Kala son of Ram Lal, Mohalla New Satguru Nagar, Ludhiana and Harjinder Singh, Sukhveer Singh alias Fauji son of Gurcharan Singh resident of Near Malli Chowk Ludhiana, Tatt son of Sarwan Singh resident of Near Bhutani Dealer, Garib Nagar, Jaspal Bagar Ludhiana, Deepak son of Sarwan Singh resident of Near Bhutani Dealer, Garib Nagar, Jaspal Bagar Ludhiana, Abhisekh alias Chirkut, Deepak Gupta son of Amrik Gupta resident of Near Mahadev Mandir, Mahadev Nagar, Ludhiana under the