MUNISH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Sub Inspector Shri Gian Chand Chauhan, R & T, Shimla is present alongwith the record. Record perused and returned, status report taken on record. Accused-petitioner Munish Kumar was taken into custody on 14.8.2013, in connection with FIR No. 4/2013, dated 6.7.2013, under the provisions of Section 395 of the Indian Penal Code, registered at Police Station, General Railway Police, Kangra.

(2.) As per the case set up by the police, accused alongwith five other persons boarded the train somewhere between Pathankot and Paprola. Thereafter, they threatened the passengers inside the train and committed dacoity, after switching off the light of the compartment. The alleged offence took place on 4.7.2013 at about 10.30 p.m. Complainant Nishant Bhardwaj allegedly had not named the accused-petitioner Munish Kumar in the FIR, though during the course of investigation, accused was arrested, in connection with the same. Record reveals that he was sent to judicial custody till 24.8.2013, since when he is still behind bars.

(3.) Present bail petition is opposed on the ground that the accused-petitioner, alongwith his co-accused, committed dacoity and as such cannot be enlarged on bail. It is neither desirable nor in public interest to enlarge him on bail.