Criminal Misc. No. M-13469 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13469 of 2011 Date of decision : 12.05.2011 Rajesh Kumar Tiwari ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Rajesh Arora, Advocate for the petitioner. Mr. Vikas Malik, AAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 279 dated 31.10.2010 under Sections 381/34/120-B IPC at Police Station Manesar, District Gurgaon. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the case. No evidence is available regarding his complicity in the commission of crime and thus he is entitled to the concession of pre-arrest bail. Learned State counsel has vehemently opposed the prayer. He submits that petitioner who was supervisor of security at Chetak Logistic appointed one guard namely Pardeep. According to learned State counsel, in connivance with said guard, goods worth `37 lacs were stolen. He Criminal Misc. No. M-13469 of 2011 2 submits that custodial interrogation of the petitioner is necessary for taking the investigation to its logical end. Heard. The FIR was lodged on the allegation that on 30.10.2010 at about 8.00 p.m., a guard namely Pardeep had come on duty. At that time, he was informed that lock of basement of warehouse was lying broken and materials had been stolen. The guard Pardeep was found missing and some materials were found scattered all around. Later when Pardeep was arrested, name of the petitioner figured in his disclosure statement. In view of nature of crime committed by the petitioner, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. The petition is without any merit and is hereby dismissed. May 12, 2011 (RAJAN GUPTA) Ajay JUDGE