NARESH AND OTHERS Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of the above mentioned two petitions, as the same arise out of one FIR. Prayer in the present petitions is for grant of bail to the petitioners pending trial, who are accused in FIR No. 39 dated 29.4.2010, registered under Sections 148, 149, 332, 353, 186, 436, 511, 341 IPC read with Section 3/4 of Prevention of Damage to Public Property Act, 1984, Police Station, Rajound, District Kaithal. It came to be registered on account of mob violence by number of persons in the area for the reason that one Kaptan was murdered. The residents of the village considering that police was not taking any action tried to take law and order into their own hands. They collected on Jind-Kaithal road and blocked the same. Two Haryana Roadways buses were damaged. They even encircled (gherao) the police post in the area and set the same on fire by putting paddy straw.

(2.) Learned counsel for the petitioners submitted that the FIR was registered on 29.4.2010. The petitioners were named therein. They surrendered before the Illaqa Magistrate on 6.4.2011 and are in custody since then. He placed reliance upon the fact that three other accused, who were named along with the petitioners in the FIR, were arrested on 1.7.2010 and were released on bail by learned Additional Sessions Judge vide order dated 13.7.2010. Claiming parity, the prayer is for grant of bail pending trial to the petitioners.

(3.) Learned counsel for the State, on instructions from ESI Ram Pal, submitted that the petitioners named in the FIR were not arrested on apprehension of law and order problem. Though there are many other accused, but challan has been presented only against 22 persons. The names of rest of the persons have been mentioned in the challan and prayer has been made to the court to summon them. He further submitted that considering the seriousness of allegations against the petitioners, they do not deserve the concession of bail.