HASIM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.) for grant of bail in case FIR No. 139/2022, dtd. 3/6/2022, under Ss. 454, 380, 201 and 120-B of the Indian Penal Code (for short, 'IPC'), registered at Police Station Boileauganj, District Shimla, H.P.

(2.) Brief facts of the case, as per the status report filed by the respondent/State are that on 4/6/2022, at about 8:45 P.M., the complainant, Karan Jaswal made a complaint at Police Post Shoghi regarding theft in his house. It was further alleged in the complaint by the complainant that on 31/5/2023, he left for Rajasthan while his parents had gone to left his sister at Delhi. On 3/7/2023, father of the complainant was informed by his neighbor that lock of their main door was broken. After receiving such information, on the next day, the complainant reached his house and saw that the bed box and almirah of both the rooms were opened and all the valuables were thrown out on the floor. On thorough inspection, it was found that one pair of gold tops with white stone, one pair of gold round tops with black stone, one locket of lord Krishna embedded, one pair of gold ear rings, white pearl tops of gold, one pair of dogari Jhumkiyan with stone, one diamond nose pin, two sets of gold necklace, which were antique and about 40 years old, one pair of upper ear pins of gold and all the tops that were in plastic box and necklace in cloth pouch were stolen. On 26/6/2022, the police of Police Station Chhota Shimla arrested four persons namely Imran, Ali Ahmad, Amir Khan and Hasim, who were involved in theft cases. During interoggation, accused Imran disclosed that he alongwith aforesaid accused persons have committed many thefts at different places and firstly they used to identify the places and then they used to commit theft on those identify places. It was also admitted by the accused persons that on 3/6/2022, while they were going to Meerut, U.P., they stopped their car at HIMUDA colony Shoghi and committed theft in the house of the complainant. Consequently, FIR as detailed hereinabove came to be registered against the petitioner and he was arrested.

(3.) Learned counsel for the petitioner contended that the petitioner is innocent and has been falsely implicated in this case. He has further contended that investigation in this case is complete and nothing remains to be recovered at the instance of the petitioner and, as such, the petitioner, who is in custody since his arrest, is required to be released on bail.