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CRM-28210 of 2017 Allowed, as prayed for, subject to all just exceptions. CRM-M-25576-2017 This petition for regular bail has been filed by petitioner - Sonu - an accused in FIR No.17 dated 23.1.2016, under Sections 457, 380, 427 IPC, registered with Police Station City, Bhiwani.

Briefly stated, the allegations as per prosecution story are that FIR in this case was lodged at the instance of Neeraj Kumar son of Suresh Kumar, resident of House No.966, Sector-2, HUDA Rohtak working as Co-ordinator in AGS Transact Technologies Ltd. Company, 1 of 4 CRM-M-25576-2017(O&M) -2- which had installed ATM Machines in all banks in the Districts, one of which being ATM IDBI Bank, in Shop No.3, Auto Market, Tosham bye- pass, Bhiwani. On 23.1.2016, the complainant came to know through Naresh, Supervisor that around 7/7:30, some unknown persons after breaking glass door had entered the shop and taken away Rs.2,57,200/- cash from ATM machine. After registration of the formal FIR, the matter was investigated. Initially an untraced report was prepared and filed in the Court. However, on 29.6.2016 on receipt of secret information, HC Davender Kumar, AVT Staff, Bhiwani arrested accused Sonu, Sheokin and Ram Avtar alias Dholia. All of them suffered disclosure statements with regard to their involvement in the instant incident and in pursuance of said disclosure statements, Sheokin got recovered an amount of Rs.5,000/- besides a tractor used in commission of crime, Ram Avtar got recovered a sum of Rs.2,500/-. On 30.6.2016, during investigation both accused Sheokin and Ram Avtar suffered disclosure statements that Sonu son of Sube Singh, resident of village Legha (present petitioner) was also involved in the crime; that they had taken ATM machine by putting it on the tractor and thereafter threw the same in a drain near Hansi. On 5.7.2016, accused Sonu, who was lodged in District Jail, Bhiwani was joined in the investigation. He was arrested. His disclosure statement was recorded in pursuance thereof he got recovered a hammer, chisel (chhani) and pointed blade (saw) used for cutting the ATM machine. On 6.7.2016, accused Sonu (petitioner) also got demarcated the spot where they had thrown ATM machine and the same was recovered by Hisar police. Accused Sonu had also got recovered an amount of Rs.35,000/- from his 2 of 4 CRM-M-25576-2017(O&M) -3- house. The petitioner had filed an application for regular bail in the Court of Sessions, which was declined by Additional Sessions Judge, Bhiwani vide order dated 24.5.2017, as such, he has approached this Court with same request. 




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After hearing the rival contentions, I find that allegations against the petitioner are indeed very serious. He along with his co- accused had damaged ATM machine and looted money therefrom, which was distributed amongst the petitioner and his co-accused. The ATM machine was also damaged and thrown in the ditch. He had got a past criminal record and is involved in two more cases of similar type. Thus the facts and circumstances do not warrant his release on bail. As regards his co-accused, their cases were different from those of petitioner, as such there is no question of any parity with them. In that way, the petitioner is a habitual criminal. There is every apprehension of his tampering with the prosecution evidence and absconding, if released on bail.