GULSHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 60 of 2024, dtd. 17/8/2024, registered in Police Station Haripur, District Kangra, H.P., for the commission of offences punishable under Ss. 331(4) and 305 read with Sec. 3(5) of the Bharatiya Nyaya Sahinta (BNS) 2023.

(2.) It has been asserted that, as per the prosecution, the victim Daler Singh is running a goldsmith shop under the name and style of Pitamber Jewellers at Bankhandi Bazaar. He had closed his shop on the intervening night of 16/17/8/2024 at about 8:00 PM. He received a telephonic call at about 1:10 AM that the shutter of his shop was broken. He went to the spot and found that the shutter had been lifted and the ornaments were missing. He checked the CCTV footage and found that two people had arrived on the spot in a vehicle at about 12:30 AM and broke the shutter with an iron crowbar. The police registered the FIR and investigated the matter. The police arrested the petitioner. The petitioner has been in custody since 31/10/2025. The petitioner is a permanent resident of Ferozepur, and there is no chance of his absconding. He would abide by all the terms and conditions that the Court may impose upon him. Hence, it is prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report, asserting that the victim is running a jewellery shop under the name and style of Pitamber Jewellers at Bankhandi Bazaar. He had locked his shop on 16/17/8/2024 at about 8:00 PM. He was informed by Mr Nitin Minhas at 1:10 AM that the shutter of his (informant's) shop appeared to be broken. The informant and his son went to Bankhandi and found that the shutter had been opened. He checked the shop and found that the jewellery and gold scrap were missing. He checked the CCTV footage and found that a vehicle was parked outside his shop, and twounknown people got out of the vehicle and committed theft. The police registered the FIR and checked the CCTV footage. The registration number of the vehicle was found to be PB05AN- 8052. It was found to be owned by Kuldeep Kumar. One challan was issued in the name of Harbhajan. The police seized the vehicle and recovered various articles. Kuldeep Kumar revealed that he had sold the vehicle to Smt. Rekha. He also said that Gulshan, Gagan, and Lalu had gone to Himachal. He identified the person in the CCTV footage as Gagan, Lalu and Salman. The police checked the call detail records of Harbhajan, Aditya, Lalu, Gagan and Gulshan and found that the location of Lalu, Gagan and Gulshan was in Himachal Pradesh on 16/8/2024. They had switched off their mobiles at 8:00 PM. The police arrested Aditya @ Rahul and recovered a stolen mobile phones from him. He also identified the place of theft. The police arrested Gagan and recovered the mobile phone from him. The police also arrested Salman @ Salim. They identified the place of theft. Salman revealed that Gulshan @ Kaka had sold the stolen property and paid Rs.10,000.00to him. He produced Rs.10,000.00 received by him, which was seized by the police. The police arrested Lalu, who also identified the place of theft. He also produced Rs.10,000.00, which was paid to him by Gulshan @ Kaka. Police arrested Gulshan @ Kaka. He also produced Rs.10,000.00. The FIR was registered against the petitioner earlier. The charge sheet was filed before the Court on 15/12/2025, and the matter is listed for consideration of the charge on 9/3/2026.