CRM-M-27515-2011 (O&M) [ 1 ] ::::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27515-2011 (O&M) Date of decision:02.11.2011 Ajit ...Petitioner Versus State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. N.S.Shekhawat, Advocate, for the petitioner. Mr. Sagar Deswal, AAG, Haryana. ***** RAKESH KUMAR JAIN, J. This is a petition for grant of regular bail in a pending trial case registered vide FIR No.9 dated 19.01.2011, under Sections 419, 420, 467, 468, 471, 380, 201, 120-B IPC at Police Station Udyog Vihar, Gurgaon. The FIR is registered by the Assistant Commissioner of Income Tax (Head Office), Circle-II, Gurgaon regarding loss of government record of Yogesh, 36 Luxmi Bazar, Gurgaon for the assessment years 2007-08 and 2008-09. It is alleged that the assessment record of the aforesaid Yogesh has been stolen from the office almirah of Dharampal, Income Tax Inspector, on the night of 12/13.01.2011 and during investigation, the petitioner, a dismissed peon from the Income Tax Department, was arrested who happens to be the real brother of Rajpal who is also working as Peon in the same office. It is also the case of the prosecution that he had disclosed that the alleged files have been kept in the house of his friend (Vipin Mahendiratta) at Ghaziabad, who was working as a Computer Operator with the Income Tax Officer Anil Goel. Learned counsel for the petitioner has submitted that the petitioner is in custody since 07.06.2011 and the challan has already been presented. He CRM-M-27515-2011 (O&M) [ 2 ] ::::::::: further submitted that the persons, namely, Yogesh and Mohit, the beneficiaries of the refund from the Income Tax Department, have already been granted regular bail by the learned Additional Sessions Judge, Gurgaon vide his orders dated 12.08.2011 and 17.09.2011 (Annexures P-2 and P-3) respectively. Learned State Counsel has argued that the petitioner is one of the main accused who had stolen the files from the office almirah of Income Tax Inspector Dharampal for Yogesh and Mohit who had tried to obtain refund from the Income Tax Department by playing fraud. He has though admitted that the said persons, namely, Yogesh and Mohit have already been released on regular bail by the learned Trial Court. After hearing both the learned counsel for the parties and keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds with two heavy local sureties to the satisfaction of the learned Trial Court. November 02, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE