CRM No. M-32007 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-32007 of 2008 Date of decision: 18.2.2009 Suresh Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.K. Rana, Advocate, for the petitioner. Mr. Shailesh Gupta, DAG, Punjab. Rajan Gupta, J. The petitioner, who is an accused in a case under Sections 459, 396 & 511 IPC, registered at Police Station Moonak, vide FIR No.67 dated 14th June, 2007, has preferred this petition for grant of regular bail. The allegations in the FIR are that three young persons aged about 25 to 30 years, having Kirpan in their hands attacked the complainant and his family at night while they were sleeping in the backyard of their house. According to the FIR, number of injuries were caused to the complainant in the said attack on his left cheek, right arm and left eyebrow, all with Kirpan. Learned counsel for the petitioner has contended that the petitioner is in custody since 30th April, 2008 and trial of the case is likely to take long time. Thus, he is entitled to be released on bail. Learned counsel for the State has, however, strongly opposed the bail application on the ground that allegations against the CRM No. M-32007 of 2008 2 petitioner are serious in nature and the petitioner if released on bail, is likely to influence the witnesses and tamper with evidence. After hearing the counsel for the parties, I am of the considered view that in view of the allegations levelled in the FIR, particularly lurking house trespass and dacoity etc., the petitioner is not entitled to be enlarged on bail pending trial. The possibility that the petitioner may influence the witnesses and tamper with the evidence during pendency of the trial, cannot be ruled out. Thus, in my considered view, the petitioner is not entitled to bail and the petition is hereby dismissed. (RAJAN GUPTA) JUDGE February 18, 2009 'rajpal'