HARJEET SINGH SODHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 42 of 2009 dated 9.5.2009 registered at Police Station, Kandaghat under Sections 395, 323, 342 IPC.

(2.) It has been stated in the application that the petitioner is in custody for the last more than 21/2 years. The allegations against the petitioner set out in the FIR registered at the instance of Rakesh Kumar are that on 8.5.2009 the complainant was approached by some persons for a tour to Shimla, Kufri. The complainant those days was driving Innova Car No. HR -68 -7167 of one Bhawan Dass. The tour was settled for Rs. 2,700/ -. The complainant started at about 1.00 p.m. to Shimla, he went to Kufri and when he was returning to Chandigarh the occupants of the car asked him to proceed to Chail. On this, the complainant started towards Chail and while on his way from Chail to Solan, Satbeer asked the complainant that Jaswinder was feeling to vomit. The complainant stopped the car and started urinating on the side of the road. Lovely caught hold him and asked his companions to tie him and snatch his belongings as the car was to be taken to U.P.

(3.) THE occupants of the car snatched the mobile phone of the complainant, purse, dragged him 15 -20 steps, tied him with a tree and pasted tape on his mouth and fled away towards Solan. The complainant freed himself after about 30 minutes and knocked at a nearby house and disclosed the incident. The police was informed at about 11.50 p.m. As per allegation, the complainant was deprived of his mobile, purse containing Rs. 2,700/ - and Innova car. On this case was registered. After investigation of the case, challan has been submitted in the court. It has been submitted that prosecution has led the evidence, the case has been fixed 14 times for recording the statements of accused and now next date of hearing is fixed on 25.11.2011. The prayer has been made for releasing the petitioner on bail.