MANDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 438 of the Code of Criminal Procedure seeking his release in case FIR No. 132 of 2022, dtd. 23/9/2022, under Sec. 382 read with Sec. 34 IPC, registered at Police Station Barotiwala, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place. No fruitful purpose will be served by sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per story of the prosecution, Sh. Ankit Chauhan made a complaint to the police in which it has been alleged that on 23/9/2022, when he was on his way from his residence at Jharmajri to his work place at Eastman Auto Power Ltd. Company, and reached at Buranwala, around 8:40 am, a white Scorpio, bearing registration No. HP12-K-7772, came from Baddi side and the person sitting on the front seat of the vehicle asked for mobile from him, for making a call, as his mobile phone has been switched off. As per the complainant, he got frightened and read the number of the vehicle from the front side. The occupants of the vehicle snatched his mobile phone and the vehicle was driven towards Barotiwala. Upon the complaint, so made by the complainant, police registered a case under the apt Ss. of IPC and the investigation ensued. Lastly, it is prayed that the bail application of the petitioner be dismissed, and in case he is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice. It is prayed that at this stage, the bail application of the petitioner be dismissed.