DEV RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.317 dated 9.10.2009 under Sections 323, 427, 506 and 34 IPC, at Police Station Kotwali Faridabad, District Faridabad.

(2.) The petitioner has been accused of entering a shop and ransacking it by causing extensive damage to it in the process. Learned counsel for the petitioner states that all the offences are bailable and Section 506 IPC is not made out from the given circumstances of the case and therefore the petitioner deserves the concession of bail.

(3.) I have heard the learned counsel for the petitioner. The impugned order reveals that the prosecution in order to establish the case against the petitioner and his complicity therein had photographed the shop in which the damage had been caused, which reveals that the petitioner had smashed the furniture, tubelights and other material lying therein resulting in extensive damage to the shop.