(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 72 of 2019, dated 16.08.2019, under Section 403 and 407 IPC, registered in Police Station Kumarsain, District Shimla, H.P.
(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so he be released on bail.
(3.) Police report stands filed. As per the prosecution story, on 16.12.2019 Shri Amar Mehta (complainant) made a written complaint to the police wherein he alleged that he is apple dealer and on 10.08.2019, in Truck, having registration No. RJ 04GB-4692, he got loaded 769 boxes of apple, but the said truck did not reach its destination. The complainant apprehended that the driver of the truck, who disclosed his name as Rama Ram, has sold the apple boxes somewhere else. Upon the complaint, so made by the complainant, police registered a case and the investigation commenced. Police took into possession the documents of the vehicle, which were submitted to the complainant by the driver. CCTV footages of the toll barriers were obtained and the CCTV footage of Parwanoo barrier showed that the number plate of the truck was obliterated. Police also found that the number plate of the said truck was replaced. Total estimated cost of the loaded apple boxes is Rs. 7,00,510/- and the truck in question was found to be registered in the name of one Kulwinder Singh, resident of Faridkot, Punjab. Said Kulwinder Singh joined the investigation and divulged that his truck did not come to Himachal, however, the police found that Kulwinder Singh was present at Narkanda, Himachal, on 10.08.2019 and on 11.08.2019 he came to Haryana via Chandi Mandir. Police further found that the truck of Kulwinder Singh was pained with fresh paint and the headlight has also been changed. The chassis number of the truck of Kulwinder Singh was tallied with that of the documents produced by the complainant. The truck was mechanically examined and samples of paint of the truck were sent to scientific analysis. During the course of further investigation it was found that the truck in question was being driven by one Ved Prakash (petitioner herein) and on 25.11.2019 the petitioner alongwith Kulwinder Singh joined the investigation. The petitioner disclosed that near Barnala Byepass road he transferred the apple boxes in another truck and sold the same for Rs. 3,75,000/-. The petitioner produced Rs. 2,75,000/-, which were taken into possession by the police. As per the petitioner, he spent Rs. 1,00,000/- for EMI of truck, purchased two new tyres and got the truck painted. Police effected the relevant recoveries and recorded the statements of the witnesses. As per the police, the petitioner only deposited Rs. 2,75,000/- and rest of the amount is still to be deposited. The petitioner is not disclosing as to where he got prepared the fake documents of the truck. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime, he is very clever person. There is possibility that in case at this stage, if the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.