Tahir vs State of Haryana

M.L. Singhal, J.

This is an application for bail by Tahir son of Israil in case FIR No. 73 dated 21.3.1998 registered under Sections 392/394/506 Indian Penal Code and Section 25 of the Arms Act at Police Station, Nuh.

Prosecution case, in brief is that on 21.3.1998, Tej Bhan son of Harchand; and his relatives Nawal Singh son of Mangi Ram, Yoginder son of Charan Singh and Digamber son of Date Ram residents of Krishna Colony, Palwal were coming back in Maruti car No. HR50/1975 after attending birthday party at the House of Sh. Rajbir Singh to Krishna Colony, Palwal. The car was being driven by Yoginder Singh. At about 9.00 PM, when they reached near the bus stand of village Salahedi from the side of Nuh one Maruti van came. It was of sky colour. It stopped in front of their Maruti car. Three young boys came out of the said Maruti van. They were wearing pants/shirts. Two of those boys were carrying pistols and the third boy was carrying knife. They asked them to hand over whatever they had with them and alight from the Maruti car. One boy out of them put country made pistol on the temple of Tej Bhan. Other boy told that if they tried to move, he would kill. All the three boys asked them to hand over cash and other precious articles to them. They refused. Thereupon they tried to use force. The boy who carried knife, tried to snatch golden chain which Digamber was wearing in his neck. When they put up resistance, they started fighting with them. They caused blows with the butt of the pistol to Tej Bhan and Nawal Singh. While defending they snatched pistol from him and gave him injuries. Other boy carrying pistol ran away towards the field. Driver of the van drove away the van towards Palwal. Out of the two boys, the boy who was carrying pistol gave his name as Tahir son of Israil resident of Mohammadka Police Station Hathin, District Faridabad while the other boy who was wielding knife gave his name as Bahadur resident of Mohammadka. He gave the name of the third boy who had run away as Usman son of Sheodan Meo resident of village Lakhnaka Police Station Hathin. They caused injuries to Tej Bhan and Nawal Singh with a view to rob them of car and other valuable articles on the point of pistols and knife. They overpowered Tahir and Bahadur with their weapons for being taken to the Police Station. Tej Bhan reported the matter to the Police vide his statement of the basis of which aforesaid case was registered.

It has been submitted by the learned counsel for the petitioner that co accused Usman was granted bail in Criminal Misc. No. 13663M of 1998 on 12.6.1998 by Hon''ble H.S. Bedi, J. He further submitted that not even a scratch was found on the person of Tej Bhan. Absence of a scratch even on the person of Tej Bhan contradicts the version of the FIR. He further stated that accused has been in custody since 21.3.1998. Trial will take long. No useful purpose would be served by keeping him incarcerated in Jail till the trial is over. Learned AAG Haryana on the other hand submitted that the accused are dare devils inasmuch as they had first committed robbery in regard to the aforesaid Maruti Van and thereafter they were using the aforesaid Maruti Car together with the belongings of the occupants of the Maruti Car. He submitted that Tej Bhan was medically examined and the doctor found injuries on his person. Doctor examined Nawal Singh also and found injuries on his person.

Keeping in view that the trial might take some time and it would not be just and proper to keep him incarcerated in Jail all the period during which trial remains pending, I think bail should be allowed to the petitioner. So bail to him to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Gurgaon.