Crl. Misc. No. M-5557 of 2011 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-5557 of 2011 (O&M) Date of decision : 22.2.2011 Dharambir ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Y.P. Singh, Advocate for the petitioner. Rajan Gupta, J. (oral) This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner under Section 392 IPC at Police Station City Dadri, District Bhiwani, vide FIR No.26 dated 3rd February, 2011. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the case and no recovery has to be effected from him. Thus, he is entitled to concession of pre-arrest bail. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. FIR was registered on the basis of complaint lodged by Naresh Kumar, who stated that on 31st January, 2011, he had loaded the goods of Bhushan Power and Steel Ltd. in his truck and left from Chandigarh to Nasik. The value of the vehicle was about Rs.12.00 lacs and that of the steel strips loaded therein was Rs.7,07,320/-. On Crl. Misc. No. M-5557 of 2011 2nd February, 2011, he left his house for Nasik along with Rs.15,000/- cash for vehicle expenses. He kept the money in cabin box of the vehicle. He reached Kanina turn, Charkhi Dadri at about 5.00 P.M. Then a Bolero vehicle of white colour and a motorcycle Hero Honda of red colour without number came there. He got frightened and took his vehicle straight towards Delhi road. After covering some distance, the said vehicles i.e. Bolero and motorcycle were parked in front of his vehicle and got it stopped. Four persons alighted from the same and attacked the complainant and fell him down from the seat. Out of them one was Dharambir of village Chhapar and other was Rakesh of village Bamla. The complainant was already knowing them because Dharambir had been driver on his vehicle two years ago and Rakesh is his relative. Two others were well built wrestler type young persons. They forcibly snatched the vehicle of the complainant along with goods and cash and turned it back and all of them went towards Mohindergarh. The truck was driven away by Dharambir. On hearing the noise, the nearby shopkeepers reached at the spot. The complainant informed the police at 100 number on telephone about the occurrence. In view of the nature of allegations, I am of the considered view that the petitioner is not entitled to the concession of pre-arrest bail. The petition is devoid of merit. The same is hereby dismissed. (RAJAN GUPTA) JUDGE 22.2.2011 'rajpal'