RAVINDER THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application, under section 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 282/2011 dated 19.11.2011, registered at Police Station, Balh District Mandi, under sections 379, 411, 34 IPC. It has been stated that petitioner has been falsely implicated in the above case and, therefore, he apprehends his arrest at any time by the police in the above case. The petitioner is innocent, he has committed no offence. The petitioner is ready to join the investigation and submission has been made for releasing the petitioner on bail. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court.

(2.) THE status report has been filed. It has been stated that case has been registered on a complaint dated 19.11.2011 of Roshan Lal alleging therein that he had parked his bike No. HP -31 -7180 on 15.11.2011 outside PWD office, Ner Chowk. On 16.11.2011 at 11 p.m. he found that his bike was not at the place where it was so parked on 15.11.2011. He searched the bike on 17.11.2011, but he could not trace his bike. On this, case was registered.

(3.) HEARD and perused the record. It has been stated by the learned Addl. Advocate General that there are in all five accused, namely, Ravinder Thakur, Lalit, Harish Kumar, Ashish Kumar and Sham Lal. It has also been stated that Harish Kumar, Ashish Rana and Sham Lal have already been released on bail. The bail application of Lalit Kumar is pending before the learned Sessions Judge, Mandi. It has been stated in the status report that dismantled parts of the motorcycle were given by petitioner to Harish Kumar. The prosecution for this purpose is relying on the disclosure made by co -accused Harish Kumar, but from the record nothing has been pointed out to show that how the dismantled parts came in possession of the petitioner. The other accused, namely Harish Kumar, Ashish Rana and Sham Lal, who were also found in possession of dismantled parts of the motorcycle have already been released on bail. The petitioner at this stage is similarly situated as accused Harish Kumar, Ashish Rana and Sham Lal, who have already been released on bail. The petitioner has joined the investigation. There is no allegation that petitioner is not cooperating in the investigation. No worth believing material has been pointed out that RC, insurance policy and number plate of the motorcycle are with the petitioner. In these circumstances, the petitioner has made out a case for grant of bail in his favour under Section 438 Cr.P.C.