VED PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is seeking regular bail in case FIR No.18 of 2018, dated 23.01.2018, under Sections 147, 149, 341, 323 & 379 of the Indian Penal Code, registered at Police Station Gagret, District Una, H.P.

(2.) Fresh police status report stands filed and record of investigation has also been produced by the Investigating Officer. As per status report, during investigation the case under Section 307 IPC has not been found to be made out and thus, the said Section stands dropped. Now, only non-bailable offence under Section 379 IPC remains. The basis for this offence is the statement of victim Stinder Singh, wherein he has stated that Rs.2, 23, 000/- were also snatched by the assailants and liquor was put in his mouth. During investigation, complainant Satinder Singh has supplied the bank account numbers of PNB Branch, Punjabar and UCO Bank Branch, Gagret, for verifying the transactions of these accounts to ascertain veracity of his allegation. The incident is of 20th January, 2018. According to status report, corresponding transactions of such a huge amount during the period nearer to the date of incident were not found in these bank accounts.

(3.) Mr. Varun Chauhan, Advocate, learned counsel appearing on behalf of the complainant, has opposed the bail application and has submitted that there are withdrawals of Rs.2.6 lac on 15.12.2017 and Rs.1.5 lac on 10.01.2018 from the account of complainant and in facts and circumstances of the case, it is not a case of theft but of robbery and has contended that delay in lodging FIR was caused on account of unconsciousness of complainant for injuries inflicted upon him by petitioner. Therefore, he has opposed confirmation of bail to petitioner.