Crl. Misc. No. M-5539 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-5539 of 2010 (O&M) Date of decision: March 26, 2010 Fakru ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Vikas Kumar, Advocate, for the petitioner. Ms. Shalini Atri, DAG, Haryana. GURDEV SINGH, J. Heard. The petitioner-Fakru has filed this petition under Section 439 of the Criminal Procedure Code for grant of regular bail for the offence under Section 395 IPC, in respect of which FIR No. 20 dated 23.1.2007 was registered at Police Station Sadar Palwal, District Palwal, and for which he is standing his trial before the Additional Sessions Judge, Palwal. The FIR was got registered by Bahadur Singh-complainant regarding forcibly taking away of his vehicle bearing registration No. HR-38K-0626, alongwith goods which were loaded therein, on 23.1.2007 at about 12.15 AM from toll tax barrier situated at Gudrana crossing by the four young persons, who were given lift by him in that vehicle itself. He did not disclose the names of those persons in the FIR , though he had given their descriptions. It has not been disputed that the present petitioner alongwith other accused were Crl. Misc. No. M-5539 of 2010 2 arrested by the Investigating Agency, in view of the statement made by the complainant that he inquired into the matter at his own level and came to know that they were the persons who had taken his vehicle alongwith the loaded goods. During the trial, statement of the complainant was recorded and at that time he specifically stated that the present petitioner and the other accused were not those persons who had beaten him and had committed theft of his vehicle and the goods loaded therein. The prosecution has not cited any other witness regarding this occurrence. Keeping in view these facts and without expressing any opinion on the merit of the case, this petition is accepted and the petitioner is ordered to be released on bail to the satisfaction of the trial court. March 26, 2010 (GURDEV SINGH ) prem JUDGE Crl. Misc. No. M-5539 of 2010 3