SANYOG KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Sanyog Kumar, who is behind the bars since 30/10/2021, has approached this court in the instant proceedings filed under Sec. 439 Cr.PC, for grant of regular bail in case FIR No.123 of 2021, dtd. 13/10/2021 under Ss. 353, 333, 307, 397 and 120-B of IPC, registered at Police Station Barotiwala, District Solan, H.P.

(2.) Pursuant to order dtd. 20/5/2022, respondent-State has filed status report and Investigating Officer has also come present with record.

(3.) While fairly admitting factum with regard to filing of challan in the competent court of law, Mr. Sunny Dhatwalia, learned Assistant Advocate General, contends that though nothing remains to be recovered from the present bail petitioner, but since one of the co- accused Ankush, is yet to be arrested, it may not be in the interest of justice to enlarge him on bail, who in the event of his being enlarged on bail, not only flee from justice, but may again indulge in these activities. While making this Court to peruse the status report with record, Mr. Dhatwalia further submits that there is overwhelming evidence adduced on record that present bail petitioner took active participation in the alleged crime and as such, it cannot be said that he has been falsely implicated.