IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 6522 of 2010(O&M) Date of Decision: 04.05.2010. Alinoor ...... PETITIONER Versus State of Haryana. ...... RESPONDENT CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Dinesh Arora, Advocate for the petitioner. Mr. P.M.Anand, Addl..A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR No.375 dated 12.11.2009, under Sections 148/149/307/332/353/186/429 IPC, 7/8 of Cows Slaughter Act and 25/54/59 of Arms Act, registered at Police Station Sampla District Rohtak. I have heard learned counsel for the parties and have gone through the whole record. Brief allegations are that one dumper bearing registration No. HR-38J-4678 being driven by the present petitioner – accused was CRM No. M-6522 of 2010 intercepted by police officials on the intervening night of 11-12.11.2009. The police officials were in Govt. Gypsy bearing registration No. HR-46C- 0203. The Dumper was laden with cows. When the police party tried to stop the dumper, the petitioner – accused instead of stopping the dumper, hit the police gypsy from its side as a result of which police gypsy turned turtle. The co-accused, who were boarding the dumper opened fire on the police party. It has been contended by learned counsel for the petitioner that petitioner has been falsely implicated in this case and that no cow has been recovered and that there was no major damage to the gypsy and no injury has been received by the police officials travelling in the gypsy. It is further contended that petitioner has been continuing in custody since 04.12.2009 and that trial is not likely to be concluded in the near future. Bail application has been opposed by learned counsel for the State on the plea that allegations against the petitioner are serious in nature and that co-accused are still absconding. He is the driver and owner of the dumper and that instead of stopping the dumper he hit against the police gypsy. It is further contended that petitioner belongs to district Meerut (U.P.) and that he is likely to abscond and likely to indulge in such like activities again if released on bail. It is further contended that challan in this case has already been filed and that hence, trial can be expedited. I have considered all the facts and circumstances of the case. Allegations against the petitioner – accused are serious in nature. Petitioner belongs to State of Uttar Pradesh and hence, prosecution apprehends that he is likely to abscond and likely to indulge in such like activities again if released on bail. The co-accused are still absconding. 2 CRM No. M-6522 of 2010 Hence, keeping in view these facts and without expressing any opinion on the merit of the case, the instant application for bail filed by Alinoor is, hereby, dismissed being devoid of merit. However, as petitioner – accused has been continuing in custody since 04.12.2009, learned trial court is directed to expedite the trial. Evidence be recorded on day-to-day basis and efforts be made to conclude the trial within three months. ( RAM CHAND GUPTA ) May 4, 2010. JUDGE 'om' 3