AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the instant petition filed under Sec. 439 of the Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.767 dtd. 1/12/2024, registered under Ss. 308(5), 351(3), 111 of BNS, 2023 and Sec. 25 of the Arms Act, at Police Station Kundli, Sonepat.

(2.) As per prosecution story, 8-10 persons came to the hotel of complainant and demanded Rs.4,00,000.00 on gun point. They snatched Rs.43,000.00 from the complainant, Rs.53,000.00 from one Ajim and Rs.2500.00and one mobile from one Imran and gave beatings to them.

(3.) Learned Senior counsel for the petitioner contends that the petitioner is innocent and falsely implicated in the present FIR. Even the petitioner has not been named in the FIR. Learned Senior counsel further contends that even otherwise, he had neither demanded any amount from anyone nor had participated in the main occurrence. He contends that the said incident occurred on 14/11/2024 but the FIR in question was registered on 1/12/2024 i.e. after an unexplained delay of 17 days, casting a serious doubt on the prosecution story. He contends that no test identification parade was conducted, therefore, there is a dent in the prosecution story. The petitioner is in custody since 2/12/2024. Nothing is to be recovered from him. After his arrest, the investigation has been completed and challan has been presented against him. He further submits that the petitioner is not involved in any other case. He further submits that co-accused Ashish has already been granted the benefit of regular bail by a Coordinate Bench of this Court vide order dtd. 17/7/2025, passed in CRM-M-19183-2025 and prays that the present petition be allowed.