IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-34295 of 2009 Date of decision : 4.12.2009 Dev Raj ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Vikas Kumar, Advocate for the petitioner. .... MAHESH GROVER, J. This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.317 dated 9.10.2009 under Sections 323, 427, 506 and 34 IPC, at Police Station Kotwali Faridabad, District Faridabad. The petitioner has been accused of entering a shop and ransacking it by causing extensive damage to it in the process. Learned counsel for the petitioner states that all the offences are bailable and Section 506 IPC is not made out from the given circumstances of the case and therefore the petitioner deserves the concession of bail. I have heard the learned counsel for the petitioner. Crl.Misc.No.M-34295 of 2009 -2- The impugned order reveals that the prosecution in order to establish the case against the petitioner and his complicity therein had photographed the shop in which the damage had been caused, which reveals that the petitioner had smashed the furniture, tube- lights and other material lying therein resulting in extensive damage to the shop. Having regard to the fact that the petitioner has not denied that he was not present in the shop and also the fact that he stated that he had merely gone to the shop to get back his mobile phone which he had given for repair, and in the process the occurrence took place, prima facie, the complicity of the petitioner in the commission of the offence cannot be said to be imaginary at this stage. The benefit of pre-arrest bail can be awarded to a person whose rights are threatened by false implication but if the facts prima facie reveal the complicity to the satisfaction of the court, in such an event the petitioner cannot be granted the concession of pre-arrest bail more so when he is involved in the commission of a violent act. Dismissed. 4.12.2009 (MAHESH GROVER) JUDGE dss