LAXMI NARAYAN Vs. STATE OF H.P.

JUDGEMENT

(1.) Learned Additional Advocate General has placed on record the status report and Shri Kamal Kant, SI Police Station, Shahpur, District Kangra, has produced the record.

(2.) The only allegation as disclosed from the record against the accused-petitioner is that his brother accused Pradeep Kumar had purchased a tractor 'New Haulant' make of complainant Praveen Kumar, the custody whereof, as a matter of fact, was allegedly entrusted to accused Kulbhushan by the complainant for getting the same hired with some company on payment of a sum of Rs. 25,000.00 per month as commission to the complainant. However, when no amount was received by the complainant and rather the tractor was found missing while in the custody of Kulbhushan, he lodged report with police of police of Police Station Nagrota Bagwan. This has led in registration of a case under Sections 403, 406, 420, 411, 414, 201, 120-B Penal Code on 18.1.2012 vide FIR No. 12/12. It has surfaced during the investigation that the tractor was sold to accused Pradeep Kumar, who happens to be brother of accused-petitioner Laxmi Narayan. Said Pradeep Kumar while in custody allegedly informed the police that he had parked the tractor in the fields at his native place Khaira (U.P.) and also that the same can be recovered with the assistance of his brother accused-petitioner Laxmi Narayan. The Police accordingly visited village Khaira, however, could not recover the tractor there and to the contrary came to know that the accused petitioner had left his native place for Dharamshala. He was arrested on 6.1.2014. He has also been interrogated in custody. Even report under Section 173 Crimial P.C. also stands filed against him in the Court.

(3.) The application, however, has been opposed on the sole ground that during the course of investigation, he has intentionally and deliberately concealed the location of the tractor and it is for this reason the same could not be recovered. Also that he being resident of Utter Pradesh, may abscond and may not be available at the time of trial. I am of the opinion that the prayer for bail can not be declined on such grounds that too when the accused-petitioner seems to be not directly involved in the commission of the offence and rather allegedly an aide or associate of his brother accused Pradeep Kumar. Accused Pradeep Kumar has already been released on bail by learned Magistrate seized of the matter. Therefore, the accused-petitioner, who now after filing of the report against him in the Court, is no more required for the purpose of interrogation, deserves to be released on bail. This application, therefore, is allowed and it is ordered that the accused-petitioner, who has been arrested in connection with FIR No. 12/12, Police Station, Nagrota Bagwan, District Kangra and presently confined in judicial custody, shall be released on bail, subject to his furnishing personal bond in the sum of Rs. 50,000.00 with two sureties each in the like amount, absolutely solvent, to the satisfaction of learned Judicial Magistrate 1st Class, Kangra. He shall further abide by the following conditions:-