(1.) The petitioner, who is under arrest, on being arraigned as accused in FIR Number 183 of 2017, dated Sep 2, 2017, registered under Sections 353 , 307 , 465 , 467 , 471 , 120B of Indian Penal Code, 1860, in Police Station Nalagarh, Distt. Solan, HP, disclosing non-bailable offences, has come up before this Court under Section 439 CrPC, seeking regular bail.
(2.) Status report stands filed. I have seen the status report(s) as well as the Police report under Section 173(2) CrPC, to the extent it was necessary for deciding the present petition, and heard learned Counsel for the parties. Whether reporters of Local Papers may be allowed to see the judgment?
(3.) The gist of the First Information Report and the investigation is that on Sep 2, 2017, Police Station, Nalagarh received a written communication from the complainant who revealed that in the intervening night of 1 st and 2nd September, 2017, one ATM has been stolen and taken away in a car. The informant further told that the assailants were armed. On this the police officials immediately swung into action and erected a check post. In the meantime one car came from the side of Nalagarh in a high speed. On this the police officials signalled the driver of the car to stop but instead of stopping, the driver of the car maneuvered the car and ran away from the barricade. On this the police officials who were already positioned and had unlocked their weapon, fired upon the car. After that the driver of the car lost control over the vehicle and hit it with an electric pole. After that the police party noticed three persons coming out of the car and running away in darkness. When the police officials reached near the car they noticed the driver of the car and one another person on the back seat, in an injured condition. The complainant further revealed that while trying to take away the car the assailants admitted to run over the police officials and thus committed offences under Sections 353 , 307 read with Section 34 IPC. After the registration of FIR, police conducted investigation and recovered large number of incriminating articles from the car which was a black coloured Alto-800 car. Later on the injured whose name was revealed as Kamalkant @ Sagar succumbed to the bullet injury and the driver of the car namely Kamlesh Kumar @ Chinu was under treatment in the hospital. Further investigation revealed that the true number of the Alto car was HP33E- 0237, whereas, the accused had counterfeited the same by replacing the original number plate with No. HP22T-7321. The police interrogated the driver Kamlesh Kumar @ Chinu at PGI Chandigarh who revealed that the bail petitioner Sunil Kumar alongwith one Sagar had joined in the crime. The investigation further revealed that driver of the car was Kamlesh @ Chinu and he was provoked by accused Sagar Bhangala to run over the police barricade. Investigation further revealed that on Sep 1, 2017 these persons had committed theft in two shops at Kripalpur for which a separate FIR was registered. After that these people took the stolen articles in the car and proceeded towards Derowal. Thereafter, they committed the offence of theft of ATM of HDFC Bank. The present bail petitioner was arrested on Sep 8, 2017.