GIAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 105 of 2019, dated 30.10.2019, under Sections 379 and 411 IPC read with Section 34 IPC, registered in Police Station Arki, 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 permanent resident of District Shimla and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on Shri Rajinder Thakur, Contractor (complainant) made a written complaint to the police wherein he alleged that he was awarded some work by HPPWD Arki Division, so he started that work. He has further alleged that 35-40 iron palettes, which were kept on the spot for construction work, were stolen by someone and the value of the said palettes is approximately Rs.70,000/- Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. Police visited the spot, prepared the spot map and recorded the statements of the witnesses. Police got a secret information that during the night of 7/8.10.2019 a truck was found roaming and the registration No. of that truck is HP09A-3415. The said truck was found to be registered on the name of Shri Mansa Ram, resident of Theog and the same is used to be driven by Shri Sachin, who is son of Shri Mansa Ram. It has further come in the police investigation that on 7/8.10.2019 the truck was taken on rent by the petitioner, one Rahul and Rohit, who loaded iron palettes at Galog and sold the same to a junk dealer at Bilaspur. Police traced one Vishal, who is junk dealer at Bilaspur and has been arrested in FIR No. 90 of 2019, dated 07.11.2019, registered under Section 379 IPC read with Section 34 IPC. During the course of the investigation co-accused Vishal divulged that he purchased the 35 iron palettes from one Sachin, who was accompanied by two more persons. Upon the identification of accused Vishal, police recovered 35 iron palettes. Police prepared the spot map and recorded the statements of the witnesses. Co-accused Vishal was arrested and later on enlarged on bail. During further course of investigation driver of the truck divulged that the petitioner made him and his relatives Rahul and Rohit sit in his car and they inspected the spot of stealing. Later on, they committed theft of the iron palettes, which were sold to co-accused Vishal. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime, he is very clever person. There is possibility that in case at this stage, if the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.