LAWS(HPH)-2012-9-28

KULDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On September 05, 2012
KULDEEP KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.M.P.(M) Nos.767 and 768 of 2012 filed by Kuldeep Kumar and Ranjit Singh, respectively, under Section 439 Cr.P.C. for releasing them on bail, in FIR Whether the reporters of the local papers may be allowed to see the Judgment?Yes No.186/2011 dated 01.12.2011, registered at Police Station, Dehra, District Kangra, under Sections 420, 467, 468, 471, 120-B IPC.

(2.) IT has been stated that petitioners have been arrested in the above case and they are in custody since 07.12.2011. The petitioners are innocent, they have committed no offence. The petitioners are permanent residents of the places mentioned in the bail petitions. The petitioner Kuldeep Kumar is a government servant. There is no chance of petitioners fleeing from justice and jumping the bail. The investigation in the case is complete. The further custody of the petitioners is not necessary. The petitioner Kuldeep Kumar is suffering from heart ailment and is under regular treatment. The petitioners earlier filed bail applications which have been dismissed by the Courts. The petitioners filed Cr.M.P.(M) Nos. 469 and 466 of 2012 which were dismissed by the High Court on 01.06.2012. The liberty was given to the petitioners to repeat the bail applications after consideration of charge by the trial Court. IT has been stated that the trial Court has given repeated adjournments and framing of charge has not been considered till now. The petitioners are ready to furnish bail bonds, submission has been made for releasing the petitioners on bail.

(3.) THE petitioners Kuldeep Kumar and Ranjit Singh were arrested on 07.12.2011. On completion of investigation, challan has been submitted in the Court on 24.02.2012. It has been stated that Sanjeev Aery has been released on bail. THE supplementary challan has been submitted in the Court on 02.09.2012. Archana Singh did not appear in the Court on 30.08.2012. It has been stated that five accused are in judicial custody. In addition to petitioners, the other accused are Joginder Pal Singh, Ramesh Chand, Sanjeev Aery and Archana Singh. THE submission has been made for rejection of the bail applications.