Inderaj vs State of Haryana

Ram Chand Gupta, J.

Crl.M.No. 72939 of 2012

Application is allowed subject to all just exceptions.

Crl.M.No. M-38404 of 2012

The present petition filed u/s 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No. 57, dated 21.2.2011, under Sections 148, 149, 332,

353, 224, 307, 395, 302, 120-B IPC and u/s 25 of the Arms Act, registered at Police Station Hodal, District Palwal.

I have heard learned senior counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by

learned Additional Sessions Judge, Palwal, vide which application filed on behalf of the petitioner for bail was dismissed.

This is third application for regular bail filed on behalf of the petitioner-accused. First application was got dismissed as withdrawn vide order

dated 6.3.2012 passed in Crl.M.No. M-2978 of 2012. Second application was also got dismissed as withdrawn vide order dated 16.8.2012

passed in Crl.M.No. M-23496 of 2012.

Brief allegations against petitioner-accused are that he alongwith co-accused hatched a conspiracy for getting freed Bachu Singh, who was an

accused in case Nos. 334/10, u/s 307 IPC; 355/10, u/s 25 of the Arms Act and in another case under Sections 41/102 Cr.P.C., 411 IPC. He

was brought from Bhondsi Jail, Gurgaon, by police officials in a Government vehicle for producing him in the Court. Police officials alongwith

Bachu Singh boarded the bus bearing registration No. HR-69-9910 for producing the said accused in a Court at Mathura. However, petitioner

alongwith co-accused boarded the said bus while armed with deadly weapons and attacked the police officials, caused injuries to them and got

Bachu Singh released in that process. Police officials sustained injuries and one of the officials, namely, ASI Om Parkash succumbed to the

injuries.

It has been contended by Learned Counsel for the petitioner-accused that he has been continuing in custody since 3.3.2011 and that trial is not

likely to be concluded in near future and that no witness has been examined. It is also contended that he has been named only as a conspirator.

However, there are serious allegations against petitioner-accused involving him in a very serious offence. He hatched a conspiracy with co-

accused in order to get accused Bachu Singh released from police custody and he alongwith co-accused in fact succeeded in getting him released

after causing injuries to police officials resulting into death of ASI Om Parkash. His case is similar to co-accused-Bhagat Singh, whose bail

application has already been dismissed by This Court on merit vide order dated 28.8.2012 passed in Crl.M.No. M-19914 of 2012. Hence, in

view of these facts, it is not such a case in which bail should be granted to the petitioner-accused. Without expressing any opinion on the merits of

the case, the present petition filed by petitioner-Inderaj for grant of bail is, hereby, dismissed being devoid of any merit.