ANIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The present bail application has been moved by the petitioner, under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 47 of 2017, dated 11.12.2017, under Section 379 read with section 34 of the Indian Penal Code and Sections 41 and 42 of Indian Forest Act, registered in Police Station RamShehar, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he be enlarged on bail.

(3.) Police report stands filed. As per the police report, police personnel intercepted a truck, bearing registration No.HP69A-2391, which was being driven by Shakti Ram son of late Shri Hari Chand. One more occupant of the truck disclosed his name as Dharmender Kumar. The said truck was loaded with resin tins, but the driver could not produce any valid document authorizing to transport resin. Total 450 resin tins were being transported and police separated resin as sample and sealed the same.