Crl. Misc. No. M-23016 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-23016 of 2010 (O&M) Date of decision : 18.8.2010 Iqbal alias Balla ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Jai Singh Yadav, Advocate for the petitioner. Mr. Tarun Aggarwal, Senior DAG Haryana. Rajan Gupta, J. (oral) This is a petition seeking pre-arrest bail in a case registered against the petitioner under Sections 457 & 380 IPC at Police Station Nuh, District Mewat, vide FIR No.182 dated 10th April, 2010. The FIR was lodged by Shamsher Khan alleging that on the intervening night of 2/3.4.2010, when he was sleeping in his house at about 4.00 A.M., the accused trespassed into the house and committed theft. Certain articles including cash and watches were stolen. Learned counsel for the petitioner has argued that from a perusal of the FIR, it shows that no specific role has been ascribed to the petitioner and thus he is entitled to the concession of pre-arrest bail. Learned State counsel has opposed the prayer for bail. He submits that co-accused have been arrested and certain recoveries have been effected from them. He further submits that investigation of the Crl. Misc. No. M-23016 of 2010 2 case is still in progress and custody of the petitioner is required. I have heard learned counsel for the parties and given careful thought to the facts of the case. It is evident that there is allegation of commission of offence under Sections 457 and 380 IPC on the intervening night of 2/3.4.2010. Four accused are stated to have trespassed into the house of the complainant and committed theft. Name of the petitioner figures in the FIR and his custodial interrogation may be required for recovery of stolen articles. In view of the seriousness of the allegations, I am of the considered view that it is not a case where concession of anticipatory bail can be granted. The petition is, thus, devoid of merit and the same is hereby dismissed. (RAJAN GUPTA) JUDGE 18.8.2010 'rajpal'