MICKEY Vs. STATE

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No. 336/2016 under Sections 392/397/411/34 of the Indian Penal Code, 1860 registered at Police Station G.T.B.Enclave.

(2.) The allegations in the FIR are that the complainant, who is employed in a factory where work of copper wires takes place, was on duty when one of the co-accused Gautam stayed behind in the morning on the ground of working over time. It is alleged that at about 9.36 AM there was a knock at the gate of the factory and Gautam looked outside and stated that some of his acquaintances had come. Gautam opened the door and two persons walked in with muffled faces. It is alleged that they fought with the complainant, pushed him into an inner cabin and overpowered him. One of the persons was holding a country made pistol and the other was holding a knife. Person holding the country made pistol pointed the pistol at him on which he got scared. Then the other person holding the knife along with other accused Gautam started removing the goods of the factory. 1500 kgs of wires and scrap was removed. Petitioner is alleged to be the one who is alleged to have brandished the knife and removed the goods.

(3.) Learned APP opposed the Bail and submits that there has been recovery from the house of the petitioner of some of the stolen articles as also some scrap and money and the weapon of offence was also recovered on his disclosure.