Bail is the rule and jail is an exception, particularly for individuals unable to secure surety bonds due to financial constraints, as emphasized under Article 21 of the Constitution.

Judgment

Mr. Sandeep Moudgil, J. (Oral):- The present petition has been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.266 dated 05.08.2020, under Sections 398, 401 IPC and Sections 25/29-54-59 of Arms Act, registered at Police Station Sadar Jind, District Jind.

2. The factual martix as read out from the FIR, is reproduced as under:-

“To, SHO Sahib Thana Sadar Jind Jai Hind. Today Man SI Mey ASI Samarjit No. 959/Jind, HC Manoj Kumar No. 401, HC Vikram Singh No. 768, EASI Ram Singh No. 402, Mr. Sajit No. 240 of Baswari vehicle Government No. HR 31L-6944 Driver EHC Jogendra Singh No. 411 through secret informer was present near the village Kadela Chabutra that the informer met and informed the Man SI that four youg boys, who had a white colored Endavor car whose number plate was removed, were stuck on the road from Kandela to village Kair Khedi. Putting his car on the road in the direction of Kerkhedi village ahead of closed Bhatta, they were trying to rob the vehicles or perons coming there, with their weapons, if the raid is carried out, then he can be arrested with vehicle and weapons, which informer received is sure. After making the fellow employee informed about the informer or instructing about the raid and the people coming and being asked to be witnesses, due to the time of the night, after expressing their compulsions, they left the place without informing the name and then the car Hamarahiyan SI May, Hiding the police identity of the government, from village Kandela to Kair Khedi, we reach the road ahead of the closed brick kiln on the road, as soon as our car reached near them on the road In the dark, we were seen standing them with the lights of the car, when our car reached near them three boys from the from with the intention of robbing our car with their weapons in their hands made stop us by making a circle on both sides and the boy standing in the driver’s side showed the weapon holding in hand to the driver and said that whatever you have give us. After listening this ASI Saamarjit Singh on the between light of car, after light on seeing the police party uniform,all the three boys ran towards their car to run away from the spot, the min SI said with a voice that none of them could escape while defending themselves with their weapons and arrest them, then the min SI ran away after opening his window and hold the driver of the endavor car parked in front and took out the key of the car and while running away, one of the three boys was caught by ASI Samarjit Singh or the other by HC Vikram Singh and the third was caught by HC Manoj Kumar then the SI caughted the boy and asked him his name, and aderess then he told his name Anil son of Ajit Singh resident of Saman, then the boy was caughted by ASI Samarjeet with desi pistol presented before min SI after enquiry who told his name and address as Sumit alias Dillu son of Rajendra residence of Saman from which Man SI checked the recovered pistol, found the pistol desi .32 bore, whose magazine was removed and checked, two round .32 bore was found in the magazine which two round .32 bore is recovered. After preparing the blue print of the pistol and two round, then the barrel length was 10.5 CM, but length was 09.5 CM, body length was 17 CM, which was marked A, after that the boy caught by the HC Vikram Singh presented before the Man SI who on enquiry told his name, Manoj @ Kalu son of Rajesh Kumar residence of Saman, from whom he checked the recover desi pistol, found pistol country .32 bore, whose magazine was taken off and checked, then two round .32 bore were found in the magazine. After preparing the blueprint of the recovered pistol or two round and measured, then the barrel size was 10 CM, the butt was 8.5 CM, the body size was 17.5 CM, which was marked B, in the end, the boy captured by HC Manoj Kumar presented with the pistol before Min SI, who on inquired disclose his name address Rohit alias