MOHAMMAD TARIQ 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.150/2023 dtd. 12/7/2023, under Ss. 380, 457 and 34 of the Indian Penal Code (IPC), registered at Police Station Boileauganj (West), District Shimla, H.P.

(2.) Briefly stated the facts of the case, as per the status report filed by the respondent-State, are that the police received a telephonic information on 12/7/2023 at about 7:54 a.m. from one Kedar Nath to the effect that a theft had been committed at his Tour and Travels office, situated near Bawa Market, The Mall Shimla and on reaching the spot, the complainant submitted a written complaint before the police, stating therein that on 11/7/2023, his son Vasu closed the office and they went home at about 8:30 p.m. The currency notes of Rs.6,00,000.00 were kept in the drawer which were in the denomination of Rs.500.00 and Rs.2000.00 and were kept for disbursing the salary to his drivers. In the morning at around 7:00 a.m., when his elder brother Hari Dutt reached the shop, he telephonically informed him that the locks of the office were broken and then he (complainant) and his son rushed to the office and informed the police about the incident. On the basis of the said complaint, the FIR in question was registered.

(3.) The police prepared the spot map, clicked photographs and recorded statements of the witnesses and also obtained CCTV Camera footage. As per CCTV footage, on 12/7/2023 at about 4:10 a.m., a vehicle was found coming from Band Box towards AG Chowk and two persons came down at AG Chowk and went towards Bawa Market, who after some time, rushed back to the vehicle, took something from the vehicle and then again went towards the place of incident. After some time, they came back running towards the vehicle, sat immediately in the vehicle and went towards Band Box side. It was found that the registration number of the aforesaid vehicle was JK-14E-3241 and subsequently on 15/7/2023, the aforesaid vehicle was found parked on the roadside at Batalwari near Roadmill. District Udhampur, J&K, in which, three persons were found sitting, out of them, the person sitting on the driver seat disclosed his name as Karan, the person sitting on the front seat disclosed his name as Rohit and the person sitting on the rear seat disclosed his name as Rakesh. During interrogation, all the aforesaid three accused persons confessed that they committed theft in the office of the complainant during the night of 12/7/2023 and thereafter during the search of the vehicle, a sum of Rs.3,07,000.00 in cash was recovered from the vehicle. The aforesaid accused persons also disclosed that their fourth accomplice was Sonu alias Bafar (petitioner herein) and thereafter a police team alongwith the aforesaid accused persons left for Jammu in search of the petitioner/accused Sonu alias Bafar, but he could not be found anywhere. Thereafter, all the aforesaid accused persons disclosed to the police that the remaining stolen amount of Rs.3,00,000.00 was lying with the petitioner and after that the petitioner was arrested on 19/7/2023 on the basis of his mobile location from Parli Mod (Badi Brahmana) Jammu.