SANDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner is seeking his release on bail, under Section 439 of the Code of Criminal Procedure ( hereinafter referred to as the Code) in case FIR No. 34/2020, dated 1.2.2020, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P., under Sections 454, 380 read with Section 34 of the Indian Penal Code.

(2.) In support of his case, the petitioner has submitted that he has been falsely implicated and has nothing to do with the offences in question. The petitioner has undertaken to join the investigation and further is ready and willing to furnish appropriate personal and surety bonds. He has further submitted not to hamper or tamper with the investigation, in any manner.

(3.) On notice, respondent has filed status report, which reveals that the petitioner is accused of the offence alleged to have been committed on 01.02.2020 in the house of the complainant, whereby, theft of valuable jewellery was made after committed house breaking. The petitioner is alleged to have been accompanied by other co-accused having common intention to commit said offence. It is further submitted that the petitioner could be arrested only on 08.04.2021, he remained in police custody till 12.04.2021 and thereafter remanded to judicial custody. Petitioner is stated to be habitual offender. It is alleged that he is accused in similar case under Sections 380, 454 of the Indian Penal Code, in case, registered vide FIR No. 6/2020, dated 08.01.2020 at Police Station Sarkaghat, District Mandi, H.P. and is facing trial. He is also alleged to be an accused in case under Sections 279, 304A of the Indian Penal Code. The petitioner is also stated to have been convicted twice under the provisions of Gambling Act at Jawalamkhi, District Kangra, H.P. and fined Rs. 50/- on each occasion. Challan is stated to have been filed against the petitioner, which is pending in the Court of learned Judicial Magistrate Ist Class, Court No. 2, Hamirpur, District Hamirpur, H.P.