BRIJESH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners, under Sec. 438 of the Code of Criminal Procedure seeking their release in case FIR No.5/2022, dtd. 23/1/2022, under Ss. 454 and 380 of the Indian Penal Code and Sec. 181 of the Motor Vehicles Act, registered at Police Station, Theog, District Shimla, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are permanent residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending them behind the bars, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 23/1/2022, Smt. Indira Verma (complainant) wife of Shri Rajesh Verma, resident of village Jrashi, Post Office Sainj, Tehsil Theog, District Shimla, made a telephonic call to Police Chowki, Chailla and reported that a truck bearing registration No.HP63B-8050 got stuck on the road, on suspicion and after making an inquiry by the complainant, it was found that the truck contained iron articles. The complainant suspected that the said articles are stolen articles. However, there is no specific allegation that the iron articles were stolen. It is also alleged in the complaint that there might be some more persons involved in the alleged offence. It is further alleged that truck driver might be involved in stealing. Lastly, it is prayed that the instant bail applications may be dismissed, as the petitioners have committed a serious offence and in case, at this stage, if they are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petitions may be dismissed.