RAJU VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR.No. 210 of 2015, dated 28.05.2015, under Sections 436, 427, 506 and 201 IPC, registered in Police Station Dhalli, 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. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 28.05.2015, Shri Kuldeep Thakur (complainant) reported to the police that he runs a grocery shop and restaurant at Shanaan. The complainant further averred that on 27.05.2015 the petitioner broke the shutter of his shop and set ablaze the shop and electricity meter. The local people somehow managed to extinguish the fire. On the complaint, so made by the complainant, a case was registered and the investigation ensued. Police recorded the statements of the witnesses and prepared the spot map. Police made the relevant recoveries and scientific samples were sent for analysis to SFSL, Junga. The petitioner, in order to avoid his arrest, fled away, so he was declared proclaimed offender on 28.06.2016 and on 05.04.2019 he was arrested. As per the police, supplementary challan stands presented in the Court. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was involved in a serious offence and after committing the offence he intentionally evaded his arrest and in case he is released on bail, he may tamper with the prosecution evidence and may also flee from justice.