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.158 of 2021, dtd. 13/11/2021, under Sec. 436 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 13/11/2021, on receipt of a telephonic information that a fire broke-out in a shop at New Bus Stand, Nagrota Bagwan, the police visited the place of occurrence and also informed concerned Fire Services and after some time, Fire Services managed to extinguish the fire. Complainant-Darshan Lal (owner of the shop) got his statement recorded under Sec. 154 Cr.P.C, wherein he stated that on 13/11/2021, at about 2:40 AM, his nephew Neeraj telephonically informed him that a fire broke out in his shop and after reaching the shop, he found many people gathered there and saw the flames were coming out from his shop. He further stated that earlier also on 8/10/2021, at about 1:00 AM, his shop caught fire and the material amounting to rupees one crore was burnt and at that time, a forensic team lifted samples from the place of occurrence. He had the suspicion that some unknown person had set his shop on fire. On the basis of the said statement, FIR in question was registered.

(3.) During the course of investigation, police recorded the statements of the witnesses and prepared the spot map. The police also procured CCTV footage of the place of occurrence and after analysis of the CCTV footage and the statements of the local people, the police took into custody one Abhishek @ Mittu (petitioner herein) on 28/11/2021. During interrogation, he disclosed that he had set ablaze the shop of the complainant twice, hence, he was arrested on the said date, i.e. 28/11/2021. The forensic team visited the place of occurrence and lifted the scientific samples for analysis. The complainant produced two abstracts of building costs, as per which, the total loss to building due to fire was Rs.12,92,672.00and Rs.23,05,903.00and the loss of items was to the extent of Rs.32,65,959.00 and Rs.26,95,898.00.