ABHISHEK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner under Sec. 483 of the Bharatiya Nayarik Suraksha Sanhita, 2023 (for short, 'BNSS') for grant of bail in case FIR No.167 of 2021 dtd. 28/11/2021, under Ss. 436, 380 and 457 of the Indian Penal Code (IPC), registered at Police Station Nagrota Bagwan, District Kangra, H.P.

(2.) Briefly stated the facts of the case, as per the status report filed by the respondent-State, are that on receipt of a telephonic information to the effect that a fire broke out in a shop at Main Bazar, New Bus Stand, Nagrota Bagwan, the police alongwith a team of RFSL visited the place of occurrence and collected scientific samples for analysis. Subsequently, during investigation of the case, the complainant, i.e. owner of the shop, disclosed to the police that an amount of Rs.10,000.00 and a laptop, which were inside the shop, were also missing. After analysis of the scientific samples, it was found that the shop was set ablaze by some unknown person, therefore, an FIR was registered under Sec. 436 IPC.

(3.) During the course of further investigation of the case, the police prepared the spot map, recorded statements of the witnesses and subsequently Ss. 457 and 380 of IPC were also added in the FIR. Thereafter, Abhishek @ Mittu (petitioner herein) was arrested on 13/11/2021 in connection with FIR No.158 of 2021, dtd. 13/11/2021, registered under Sec. 436 IPC, who during interrogation, disclosed to the police that on the intervening night of 07/8/10/2021, he set the shop of Darshan Lal (complainant) on fire and had also stolen the laptop alongwith cash from his shop, hence, he was arrested in the instant case. He got recovered the laptop, which was stolen by him from the aforesaid shop. Subsequently, the police also procured CCTV footage obtained in FIR No.158 of 2021, in which, the presence of the petitioner was depicted on the place of occurrence and the said footage matched with him. The complainant produced two abstracts of building costs, as per which, he suffered the total loss to building due to fire to the extent of Rs.12,92,672.00 and Rs.23,05,903.00 and the loss of items to the tune of Rs.32,65,959.00 and Rs.26,95,898.00.