NARESH @ BHOLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by Naresh @ Bholu for regular bail under Section 439 of Code of Criminal Procedure in FIR No. 189 dated 12.06.2009 registered under Sections 392/395/412/34/120-B IPC read with Sections 25/54/59 of Arms Act, at P.S. Sadar, Gohana, Sonepat.

(2.) I have heard learned Counsel for the parties and have gone through the whole record.

(3.) Briefly stated, the case of prosecution is that on 11.06.2009 complainant was taking two tractors, make Sonalika DI 35, being driven by him as both the tractors were joined. When he reached near village Chidana, at about 11.55 PM the tractors were stopped by a motorcycle of red colour on which three boys were travelling. Those boys threatened the complainant at a point of pistol that if he would raise the alarm, he would be done to death. Both the tractors were robbed by them. On 04.07.2009, the complainant made supplementary statement against accused Sandeep, Manjit, Vicky & Jogender and tractor make Sonalika DI 35 was recovered and one country made pistol was also recovered from Sandeep. Another motorcycle belonging to present petitioner has been recovered. The present petitioner was arrested on 09.07.2009 and since then he has been continuing in custody.