SHRI RAJESH KHANNA, SON OF SHRI GOPAL SINGH, RESIDENT OF VILLAGE KOSHGER, POST OFFICE JHAKRI, TEHSIL RAMPUR BUSHAHR, DISTRICT SHIMLA, H.P., Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioners on bail in FIR No. 144/2011 dated 28.11.2011 registered at Police Station, Jhakadi, under Sections 379, 34 IPC.

(2.) It has been stated that petitioners have been falsely implicated in the case. The names of the petitioners were allegedly disclosed by driver and conductor of truck from which some pipes belonging to I &PH Department were recovered. The driver and conductor were arrested. The petitioners have no knowledge about the incident. The G.I. pipes were allegedly stolen from Village Dofda and recovered from Dobi. The petitioners on account of registration of case apprehend their arrest in the above case. The petitioners are innocent, they have committed no offence. The petitioners are ready to join the investigation and furnish bail bonds as per the directions of this Court. The prayer has been made for releasing the petitioners on bail.

(3.) THE status report has been filed. It has been stated that the case has been registered on the statement under Section 154 Cr.P.C. of Rattan Bhushan clerk of Nand Lal contractor. He has stated that Nand Lal contractor had taken contract from I &PH Department of laying pipes from Bhajwa to Uchi Khad. He had been executing the work on the spot through labour since March, 2011. He had kept pipes of 6 metres and 6 inch dia near Dofda khad on the road. On 28.11.2011, he was informed that those pipes have been taken by driver and conductor in truck No. HP -27A -0773. He came out and himself saw the said truck carrying those pipes proceeding towards Rattanpur. He, Pawan and Sunder Lal in the vehicle of Pawan chased the truck, but driver and conductor succeeded in taking the pipes. He has stated that the driver and conductor committed theft of pipes valuing Rs. 22,500/ -.