Jagdev Sharma vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

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.

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.

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 2â€, 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.

I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the

reports of the police, carefully.

The learned Counsel for the petitioner has argued that the petitioner is innocent and he is neither in a position to tamper with the prosecution

evidence nor in a position to flee from justice, as he is resident of the place, so he may be released on bail. He has further argued that the petitioner is

joining and co-operating in the investigation. Conversely, learned Additional Advocate General, has argued that the petitioner was found involved in the

commission of the offence of theft of government property and in case at this stage he is enlarged on bail, he may tamper with the prosecution

evidence and may also flee from justice. He has further argued that at this stage the petitioner may not be released on bail and his application be

dismissed.

At this stage, considering the fact that recoveries have been effected by the police and nothing remains to be recovered from the petitioner, the

manner in which the offence is alleged to have been committed by the petitioner, the fact that the petitioner is joining and co-operating in the

investigation and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is resident of the place

and also considering the overall material, which has come on record, and without discussing the same at this stage, this Court finds that the present is a

fit case where the judicial discretion to admit the petitioner on bail, in the event of his arrest, is required to be exercised in his favour. Under these

circumstances, it is ordered that the petitioner be released 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., on his furnishing personal bond to the tune of

`25,000/- (rupees twenty five thousand only) with one surety in the like amount to the satisfaction of the Investigating Officer.

The bail is granted subject to the following conditions:

(i) That the petitioner will join investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii) That the petitioner will not leave India without prior permission of the Court.

(iii) That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him/her from disclosing such facts to the Investigating Officer or Court.

In view of the above, the petition is disposed of.

Copy dasti.