BAJRANG LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.320 dated 25.08.2017, registered under Sections 188 , 285 , 307 , 34 , 446 IPC, Section 9-B of the Explosives Act, 1884 and Section 3 of Prevention of Damage to the Public Property Act, 1984 at Police Station City Tohana District Fatehabad, Haryana. Section 9-B of the Explosives Act, Section 3 of PDPP Act and Section 446 IPC were deleted and Section 436 / 34 IPC was added later on.

(2.) FIR was registered on the basis of complaint filed by the Executive Officer, Municipal Council, Tohana to the Station House Officer, Police Station, Tohana on 25.08.2017 in the context of registering an FIR and taking legal action for attempting to commit arson in the office of Municipal Council, Tohana. The complainant alleged that on 25.08.2017 at about 4.25 p.m., he was present along with his staff in the office. At that time, some persons were seen with muffled faces at the gate of Municipal Council, Tohana. The main gate was closed from inside. Those persons were carrying bottles with petrol, stones and bombs etc. Some of the employees were also present at the gate. On seeing those persons, the employees rushed towards the gate. Those persons threw bottles of petrol at the employees with an intention to kill them and suddenly fire erupted which was doused by other employees by putting earth on it. Many persons of nearby areas attracted to the spot on hearing the noise. Had the bottles of perol been broken, the employees would have been killed.

(3.) Learned counsel for the petitioner submitted that name of the petitioner came to fore only on the basis of disclosure statement of co-accused Jai Parkash and on account of recovery of motorcycle. Nobody was injured. Only an attempt was shown to throw petrol bottles on the employees.