JAGDEV SHARMA Vs. STATE OF HIMACHAL PRADESH

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. 60 of 2019, dated 14.06.2019, under Section 379 IPC and Section 3 PDPP Act, registered in Police Station Chopal, District Shimla, 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 resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 14.06.2019 complainant Shri Om Prakash, Junior Engineer, I & PH, Chopal, telephonically informed the police that he found the stolen pipes of I & PH Department at Okhata Dhaank. Thereafter, the police went to the spot, where the complainant gave a written complaint qua theft of the government pipes. As per the complainant, when he was on duty near Shrigul Maharaj temple, he found pipes of scheme Paatal Nallah to Chopal. When he enquired from the labourers standing there, they divulged that the petitioner got the same shifted to that place and paid them Rs.400/- a day. The complainant has further alleged that the petitioner committed the theft of government pipes. On the basis of the complaint, so filed by the complainant, police registered a case and the investigation ensued. Police recovered total 414 pipes of 2", which were handed over to the complainant. Police photographed the spot and also recorded the statements of the witnesses. Spot map was prepared. On 03.07.2019 the petitioner joined the investigation. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner committed the offence of theft, which is a serious offence and in case he is released on bail, he may tamper with the prosecution evidence and may also flee from justice.