PREM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.439 CrPC, prayer has been made on behalf of the petitioner for grant of regular bail in case FIR No. 28, dated 14.5.2019, under Ss. 379 and 34 IPC registered at Police Station, Kasauli, District Solan, Himachal Pradesh.

(2.) Sequel to order dated 20.6.2019, HC Jasbeer Singh has come present with the record. Mr. Kunal Thakur, learned Deputy Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Record made available to this Court reveals that on 30.5.2019, complainant Sanjay Garg, Contractor registered with HP PWD, lodged a complaint that his eleven drums of Charcoal have been stolen by some person from his tarring plant at Jepla. He further alleged that subsequently ten drums of Charcoal came to be recovered near Pick-up bearing registration No. HP-62-3303 at place Badlag. On the basis of aforesaid complaint having been made by the complainant, a formal FIR as detailed herein above, came to be lodged against the bail petitioner and co-accused Shiv Kumar, under S.379 read with S.34 IPC at Police Station Kasauli. Record further reveals that prior to lodging of aforesaid complaint by the complainant, Police had laid a Naka near Badlag-Chandi bifurcation and made an attempt to stop the Pick-up bearing registration No. HP-62-3303, but the driver of the said vehicle crashed the Naka and ran away with the vehicle as well as drums of Charcoal. Ultimately the Police party found the aforesaid vehicle parked at an isolated place on the link road at Chorang. Although driver and other occupant of the vehicle, unloaded the drums of Charcoal and fled away from the spot after locking the vehicle in question. On 14.5.2019, Police arrested both the accused and since then they are behind the bars.