KAPTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS second petition has been filed by petitioner Kaptan Singh for grant of regular bail in case FIR No.12 dated 06.05.2014 under Section 395 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, Police Station G.R.P. Jind.

(2.) AS per the prosecution allegations, on 05.05.2014, complainant Vinod Kumar collected Rs.13,71,000/ - from Jyoti Madam. When he was proceeding on his motorcycle towards Mal Godown Railway Crossing, he was waylaid by three young boys. They stopped his bike, inflicted injuries to him by knife and snatched the bag containing cash and, thereafter, they ran towards Loco Colony, Jind on two motorcycles. The present petitioner was arrested on 18.07.2014. Since then he is in custody.

(3.) LEARNED counsel for the petitioner contended that the previous petition for bail filed before this Court was withdrawn on 27.01.2015, as by that time no prosecution witness was examined but now the star witness of the prosecution complainant Vinod Kumar has already been examined, who has not supported the prosecution version and has not deposed anything against the present petitioner. He further contended that the petitioner has only been implicated on the basis of the disclosure statement made by co -accused, who was arrested in some other case. The recovery of Rs.4200/ - has been planted just to create the evidence by the police. It is not believable that a person will conceal the currency notes beneath the stones. Moreover, the occurrence is alleged to have taken place on 05.05.2014 and the recovery is alleged to have been effected on 20.07.2014 i.e. after more than two and a half months. He further contended petitioner is in custody for the last about one year. All other witnesses are the police officials. So, there is no apprehension that the petitioner will tamper with the prosecution evidence. Mere this fact that two other cases have been registered against the petitioner is no ground to grant him the concession of bail. He is not a previous convict. So, he deserves the concession of bail.