Rajan Gupta, J. - (1.) THIS is a petition under Section 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner under Section 392 IPC and Section 25/27/54/59 of Arms Act at Police Station Sector 5, Panchkula, vide FIR No. 370 dated 12th August, 2009.
(2.) .Learned Counsel for the Petitioner has argued that Petitioner was arrested on 10th August, 2010 and is in custody since then. He is, thus, entitled to concession of bail as trial may take long time to conclude.
(3.) I have heard learned Counsel for the parties and given careful thought to the facts of the case. Fir was lodged by one Sandeep, who stated that he was present at his wine shop on 12th August, 2009 at about 4 o'clock. At that time, two young men came on a Splendor motorcycle of blue and silver colour. After parking the motorcycle in front of the shop, they went towards the complainant and said that they wanted to check the wine shop. When the complainant took out his mobile to ring up his employer, one of the accused pulled out a pistol and put the same on his temple and the other person looted the money from the chest which was about 20 -25,000/ -rupees. Both of them thereafter fled away on their motor cycle. The Petitioner also moved the bail application before the trial court, but the same was dismissed on 8th December, 2010 by observing that evidence of material witnesses is yet to be recorded and co -accused was absconding.;