LAWS(HPH)-2024-1-41

VISHAL KALKAR Vs. STATE OF HIMACHAL PRADESH

Decided On January 09, 2024
Vishal Kalkar Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested by the police in connection with FIR No. 131 of 2023, dtd. 31/5/2023, registered at Police Station Sundernagar, District Mandi, H.P. for the commission of offences punishable under Ss. 454, 380, 411 and 201 of IPC. The petitioner is innocent and he was falsely implicated. The petitioner has no role or concern with the incident. The petitioner has been behind the bars since 2/6/2023. He is ready and willing to furnish bail bonds and abide by all the terms and conditions imposed by the Court. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The police filed a status report asserting that the informant made a complaint to the police that he had gone to Chambi with his family members on 28/5/2023. When he returned, he saw that the ventilator of the main door was broken. He checked the articles and found that the gold ornaments were missing. The police registered the FIR and conducted the investigation. The petitioner was associated and he revealed that he had broken the gold ornaments and handed over one piece to Shubham. He had concealed the remaining pieces which could be got recovered. He led the police party and got recovered the pieces of the necklace and earrings. The police seized them. Shubham was arrested and he revealed that he had sold the pieces handed over to him to Sheikh Allaudin for ?2,000/-. These were also discovered at his instance. As per the status report, ten FIRs have been registered against the petitioner, out of which seven are related to theft, one is related to the ND&PS Act and the two are related to various other Ss. of IPC.

(3.) I have heard Ms. Anubhuti Sharma, learned Counsel for the petitioner and Mr. R.P. Singh, learned Deputy Advocate General for the respondent-State.