DEEPU @ DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR No. 414 dated 4.8.1998 under Sections 399 and 402 of the Indian Penal Code has been registered at Police Station Butana. The main allegations in the FIR are as follows:-

(2.) Sub Inspector/S.H.O. received an information on that day that Sunil son of Suraj Bhan resident of Naveen Nagar Sharanpur, U.P.(2) Usman @ Kalu, (3) Sher Singh (4) Deepak @ Deepu (the petitioner herein) and (5) Mainpal were engaged in discussion sitting near the gate of Anand Dairy on G.T. Road. It is further alleged that Mainpal was asked to put a cloth and to stop any truck passing on the G.T. Road by giving a signal with the torch, while Sher Singh was asked to follow Mainpal by holding a pistol. It has further been alleged that rest of them were to keep sitting and when Mainpal brings the truck inside the factory, the driver should be over-powered and Sunil should take the truck away.

(3.) On these allegations, intimation was sent to the Police Station to register the F.I.R. under Sec. 399 read with Sec. 402 Indian Penal Code on the ground that these above mentioned persons were preparing to commit dacoity on the G.T. Road near Anand Dairy. The petitioner - Deepu @ Deepak approached the Sessions Court, Karnal, under Sec. 439 Code Criminal Procedure but the learned Additional Sessions Judge, Karnal, dismissed the same. Therefore, the petitioner has approached this Court under Sec. 439 Code Criminal Procedure for bail.