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Judgment
Petitioner-Rakesh alias Sonu has filed this 2nd petition under
Section 439 of the Code of Criminal Procedure, 1973 for grant of regular
bail in case FIR No.275, dated 30.09.2016, registered at Police Station
Ellenabad, District Sirsa, under Section 25 of the Arms Act, 1959 and
Sections 186, 189, 224, 225, 307, 332, 177, 353, 411, 412, 420, 467, 468,
471, 147, 149, 397 and 120-B of the Indian Penal Code.
Notice of motion has been issued in this case. Learned State
counsel has put in appearance on behalf of the respondent-State and
contested the instant petition.
I have heard learned counsel for the petitioner as well as
learned State counsel and gone through the record.
From the record, I find that as per the prosecution version, FIR,
in the present case, was registered on the statement of EASI Sanjay Kumar.
As per the complainant''s version, when he was producing accused Sanjit @
Shakti @ Sumit in the Court at Ellenabad, then one person standing there
sprayed in his eyes and one another person standing nearby thrown red
chilly powder in the eyes of Constable Anil and got freed accused Sanjit @
Shakti from the police custody. In the meantime, two other persons
standing there also started firing upon the police officials with an intention
to kill them and one fire hit below the left knee of complainant and
thereafter, the accused fled away from the spot in the nearby fields. The
police officials chased the accused and also fired in the air and caught hold
two persons, one named as Ravi and another named as Sunny. During the
investigation, the present petitioner was also arrested in the present case and
he suffered the disclosure statement showing his involvement in the offence.
Keeping in view the nature and gravity of the offence, I do not
find it a fit case where the petitioner is entitled to the benefit of regular bail.
Therefore, finding no merit in the present petition, the same is
dismissed.