HET RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application, under Section 438 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 106 of 2011, registered at Police Station, Karsog on 31.7.2011, under Sections 379, 336, 34 Indian Penal Code, Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 181 of Motor Vehicles Act, 1988. The status report has been filed and record perused.

(2.) IT has been submitted by the learned Counsel for the Petitioner that Petitioner has been falsely implicated in the case, he is innocent and has committed no offence. It has also been stated that no recovery is to be made from the Petitioner. The Petitioner is apprehending his arrest in view of registration of FIR No. 106 of 2011 at Police Station, Karsog. The Petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The learned Counsel for the Petitioner has prayed for bail, under Section 438 Code of Criminal Procedure to the Petitioner.

(3.) I have heard the learned Counsel of either side. In the status report, it has been stated that JCB has been taken into possession alongwith key and documents. The accused Chaman Lal Operator of JCB was arrested on 1.8.2011, who has been released on bail on 2.8.2011 by Judicial Magistrate Ist Class, Karsog. The Petitioner has made disclosure statement and on the basis of that statement 40 tipper loads of sand have been recovered. The material has been handed over to one forest guard Roop Ram on sapurdari. It has been stated in the status report that no recovery is to be made from the Petitioner. An apprehension has been shown that if Petitioner is released on bail, then he may terrorise the prosecution witnesses and win over them and commit the same offence again.