DEVENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.140, dated 16.8.2019, Police Station BPTP, District Faridabad, under Sections 398, 401 IPC and Section 25 of Arms Act.

(2.) The FIR in question was lodged at the instance of ASI Surender Singh wherein it is alleged that during the course of patrolling a secret information was received to the effect that 4 young boys were carrying arms were standing on the road near village Faridpur for the purpose of looting commuters/passersbyes. Upon receipt of said information the police party headed towards the nominated place and saw 4 young boys who were carrying weapons. The said boys were nabbed by the police; one of the said persons disclosed his name as Umesh Kumar and was found carrying a country made 315 bore pistol along with a live cartridge, another boy who disclosed his name as Chander Pal was found to be carrying a 'stick', the 3rd boy who was named as Ali was carrying an 'iron rod' and the 4th boy namely Devender (petitioner) was carrying a plastic 'torch'.

(3.) When the matter was taken up for arguments on 24.10.2019, learned counsel for the petitioner had raised a submission that although the FIR was lodged on 16.8.2019 at 11.15 pm wherein the names of all the accused nabbed by the police are duly mentioned, but in the arrest memo the arrest of the petitioner is shown on 17.8.2019 at 1.30 am. The State had been directed to clarify on the said aspect and accordingly status report by way of affidavit dated 2.12.2019 of Sh. Rattan Deep Bali, Assistant Commissioner of Police, was filed. Subsequently, another affidavit dated 24.2.2020 was also filed.