DHEERAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in his fourth attempt in case bearing FIR No.1156 dated 15.11.2019 registered under Sections 395, 397, 365, 379-B, 212 IPC (Sections 212 and 412 IPC added later on) and Section 25 of the Arms Act at Police Station Karnal Sadar, District Karnal.

(2.) As per prosecution case, when the complainant along with his tractor/trolley was passing through Ramba Chowk near Police Station Sadar Karnal, he was intercepted by two vehicles, in which six accused persons were sitting. The accused persons snatched the tractor with loaded trolley on gun point and gave beatings to the complainant and also snatched an amount of Rs.4000/- from him.

(3.) During investigation, the petitioner, Sachin @ Ford and Govind were arrested. Tractor and trolley with 283 bags of paddy were recovered. Offence under Section 412 IPC was added. Coaccused Jai Parkash @ J.P was arrested on 21.12.2019. Sachin @ Ford was also arrested as per disclosure statements of the petitioner and Govind. The accused were friends and were involved in consuming sulfa. On 14.11.2019, Sachin @ Ford had a talk with his friend Anil in respect of arranging sulfa. Sachin @ Ford deboarded the train at Sonipat and came to Bhalgarh bridge, where Anil, Vicky and Jai Parkash @ J.P met him in a car owned by the petitioner. Anil and Vicky brought the car from the petitioner in the morning of 14.11.2019. Accused persons were not having sufficient money for procuring sulfa, therefore, they hatched a conspiracy to commit robbery. Anil suggested them to go towards Karnal so as to minimize the suspicion of any involvement, because robbery at a distant place would be safe. Sachin @ Ford, Anil, Vicky and Jai Parkash @ J.P came to the house of the petitioner in that car. They had discussion in the house itself and decided to bring sulfa from Burail, Sector-45, Chandigarh. Petitioner did not accompany them as his maternal uncle had passed away and his mother was away from home. Petitioner also stated that his father was suffering from paralysis and his wife, sister and children were alone at home. Petitioner suggested them to commit robbery and arrange funds. Anil, Vicky and Jai Parkash @ J.P were already having arms. After hatching conspiracy, the aforesaid persons took away the car of the petitioner for committing robbery. On 15.11.2019 at about 4:00 AM, they robbed a tractor-trolley and brought the same in the fields/premises of the petitioner with a view to sell the paddy after some time. Sachin @ Ford called co-accused Govind for unloading the paddy. During process of unloading the paddy, they were apprehended by the police.