JUDGMENT Mr. Ajay Tewari, J. (Oral):- This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.850 dated 30.12.2013 registered under Sections 392, 395, 397, 506, 120-B IPC and Sections 25, 54, 59 of the Arms Act at Police Station Jhajjar, District Jhajjar. 2. The allegations in the FIR were that the complainant was driving from Rajasthan to Delhi in his truck. When he stopped his truck and went to sleep in it 2/3 persons put a pistol on his head and covered his face with cloth and took away the truck and left him tied in the fields. 3. Learned counsel for the petitioner has argued that the only role attributed to the petitioner is that his car was used in the incident. As per him, the petitioner has now been in custody for almost 9 months. 4. On the last date, the State was directed to file an affidavit about the antecedents of the petitioner and his co-accused. Today the State has filed short reply by way of affidavit of Anoop Singh, HPS, Dy. Superintendent of Police, Jhajjar on behalf of respondent No.1 and the same is taken on record. As per the short reply, there is only one case pending of the year 2007 against the petitioner registered under the Excise Act in Delhi. As regards the co-accused, there are serious cases against them. 5. Learned counsel for the petitioner has argued that keeping in view the period of incarceration and the role attributed to the petitioner he is entitled to bail. 6. Learned Assistant Advocate General has argued that even till date two of the co-accused have not been arrested and neither the truck has been recovered. 7. In my opinion, in view of the facts and circumstances of the case, no useful purpose would be served by retaining the petitioner in jail for further period during trial. Keeping in view the period of incarceration already suffered by the petitioner and the fact that even as per the prosecution he was not part of the actual robbery but only his car was used, without going into the merits of the case, I deem it appropriate to release the petitioner on regular bail to the satisfaction of trial Court/Duty Magistrate. 8. Ordered accordingly. 9. Petition stands disposed of. 10.
8. Ordered accordingly. 9. Petition stands disposed of. 10. Since the main case has been decided, the pending criminal miscellaneous application, if any, also stands disposed of. ---------0.B.S.0------------ ------------------