In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-1671 of 2010 (O&M) Date of decision: 3.2.2010 Sohrab ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms.Monisha Lamba, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 181 dated 22.5.2009, under Sections 395/397 of the Indian Penal Code read with Section 25 of the Arms Act, registered at Police Station Nuh District Mewat. Prosecution story, in brief, as per the FIR as reproduced in para 2 of the petition is as under:- “ Sir, it is respectfully stated that I, constable Rajender Singh No.373, am posted at P.S.Dharuhera. Yesterday on 21.5.2009 I was going to Faridabad to give special report. When at approximately 10 p.m. I reached near chor Chabutra Pahar Nuh on my Hero Honda motor cycle Criminal Misc. No.M- 1671 of 2010 (O&M) -2- bearing No.HR 30-A-2391 then suddenly 7-8 persons came on the road carrying lathi, danda and one was carrying desi katta in his hand and stopped my motor cycle. They took me approximately 200 meter on pahari and tied my hands and legs and started beating me. They also snatched my motor cycle, Rs.4,000/- from my pocket, one ATM card of SBI Bank and my Nokia cell phone Mobile 1100 no. 9991656302. They also threatened me and asked the code no. at my ATM card. They kept me in confinement for the whole night in the pahar. They were speaking in Mewati language whose age was between 20 to 30 years. They were wearing pant-shirt. I can recognise them if they come in front of me. In morning about 4-5 a.m. they left me at bottom of hill. After that I reached I.G.Office at Faridabad and from there for reporting I came to Police Station. Legal action may kindly be taken” Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. The petitioner was not named in the FIR. The petitioner is in custody since 28.5.2009. In the present case, although the petitioner is not named in the FIR yet the allegations levelled in the FIR are serious in nature. The petitioner along with his co-accused had snatched a motor cycle Criminal Misc. No.M- 1671 of 2010 (O&M) -3- and cash from the complainant. The involvement of the petitioner came to light during investigation of the case. Recovery of cash has been effected from the petitioner. Keeping in view the seriousness of offence alleged to have been committed by the petitioner, no ground for grant of bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE February 03, 2010 anita