DHARMENDER AND ANR. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application for releasing the Petitioners on bail under Section 439 Code of Criminal Procedure in FIR No. 172/11 dated 10.8.2011, registered at Police Station, Nalagarh, District Solan under Section 379 Indian Penal Code. The Status report has been filed which has been perused.

(2.) IT has been stated in the application that case has been registered against Petitioners under Section 379 Indian Penal Code at Police Station, Nalagarh. The Petitioners were arrested on 10.8.2011 and since 16.8.2011 they are in judicial lock up. The Petitioners filed an bail application before learned Judicial Magistrate, Nalagarh, who rejected the same on 18.8.2011. The Petitioners are living at Chandigarh and the father of Petitioner No. 1 is the uncle of Respondent No. 2, he is having own house at Chandigarh.

(3.) THE bail application has been opposed by the learned Assistant Advocate General on the basis of status report. On the personal search of the Petitioner No. 2, an amount of Rs. 14000/ - was recovered and from the personal search of Petitioner No. 1 another amount of Rs. 5300/ - was recovered, both of them could not give satisfactory replies regarding the cash found with them. During investigation the Petitioner No. 2 made a disclosure statement under Section 27 of the Evidence Act and got recovered the amount. It has been alleged that the Petitioners are operating in the form of a gang and stealing money from the ATMs. The Petitioners are residents of far away places out side the State and in case they are released on bail the possibility cannot be ruled out that they will abscond and will not be traceable.