RAM CHAND GUPTA, J. - (1.) APPLICATION is allowed subject to all just exceptions. The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.16, dated 29.1.2010, under Section 395 IPC and 25 of the Arms Act, registered at Police Station Pundri, District Kaithal.
(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned Additional Sessions Judge, Kaithal, vide which application filed by petitioner for grant of regular bail has been dismissed. This is third application filed by petitioner-accused for grant of regular bail. Brief allegations are that complainant Arjun Dass son of Gaur Shankar, who used to work as Accountant on the shop of M/s Ram Parkash and sons, New Anaj Mandi, Pundri, had withdrawn a sum of `4,60,000/- from State Bank of Pundri by way of cheque and after receiving the cash put the same in a bag and when he was returning, he was intercepted by five boys riding on two motorcycles. Three boys were riding on one motorcycle and the other two were riding on another motorcycle. The boys riding on one motorcycle hit against the cycle, due to which the complainant fell down alongwith his cycle. The said bag was snatched on pistol point by the said boys. He raised alarm. Many persons from public and police reached there and two of the boys, including petitioner-accused were apprehended at the spot. Pistol was recovered from the possession of the petitioneraccused, whereas sum of `4,60,000/- were recovered from co-accused. The pistol was loaded and the same was a country made pistol.
(3.) IT has been contended by learned counsel for the petitioner that petitioner has been falsely implicated in this case and that he has been continuing in custody since 29.1.2010, i.e., from the date of occurrence and that trial is not likely to conclude in near future as only one witness has been examined so far. Allegations against the petitioner-accused are very serious in nature. Main witnesses are yet to be examined. Hence, he is not entitled for bail, at this stage.;