KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of bail pending trial in case FIR No.450 dated 24.07.2019 registered under Sections 323, 342, 395, 412, 120-B of IPC 1860 and u/s 25 of the Arms Act, 1959 registered at Police Station City Sirsa, District Sirsa, Haryana.

(2.) The allegation against the petitioner is that the complainant was present at the shop and at about 1 PM, 4-5 persons with muffled faces came at his shop. Out of those persons, two persons were armed with pistols and two were having kappa in their hands. They put the pistol on the head of the complainant and looted an amount of approximately Rs.13 Lacs and 3 mobiles. To prevent the complainant from making any complaint to the police, they locked the complainant inside the shop and even cut the wires of the land line telephone of the complainant. After taking the money and mobile phones, the accused had run away from the spot.

(3.) Learned counsel for the petitioner has submitted that petitioner is suffering from acute pain and suffering on account of decease of piles. Because of the same, he is not even able to sit and sleep properly. It is further submitted that petitioner has been arrayed an accused in the case on the basis of alleged disclosure statement of the co-accused-Rakesh. It is also submitted that the prosecution has not explained as to how the police came to know the name of the petitioner and his involvement in the present case.