Kailash Chand vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 168/12 dated 19.9.2012, registered at Police Station, Rampur, Distt. Shimla, H.P., under sections 379, 34 IPC. It has been stated that petitioner has come to know that on 19.9.2012 at the instance of one Sandeep Kumar, the above case has been registered on the allegations that one dumper has been stolen. The name of the petitioner has not been mentioned in the FIR. The investigation in the case is in progress. The police has collected footage of the stolen vehicle from Surajpur toll plaza, the person with the vehicle has been identified by the police.

The petitioner is innocent. He has committed no offence. It appears at the instance of some interested persons, the petitioner has been falsely implicated with oblique motive. The petitioner is apprehending his arrest in the above case. The petitioner is ready to join the investigation and furnish bail bonds. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that case has been registered on the written complaint of Sanjeev Kumar, who came to the police station on 19.9.2012. The complainant has stated that he has been driving dumper No. HP-24B-2548 since the year 2010, which is owned by Des Raj. The other driver on the dumper was Mukesh Kumar. The dumper was parked for the last three days at Nogli near his quarter. On 19.9.20122, at about 7.00 a.m., he found that dumper was not at the place where it was parked.

The complainant had informed the owner. The dumper was searched but could not be traced. The value of the dumper was about nine lakhs. The dumper has been stolen, on this case has been registered. It has come in the investigation that dumper has been stolen by Kailash alias Kharku, Shyam Lal alias Bitta, Balbir alias Chhelu and another Shyam Lal. The accused were together up to Darwa near Manimajra railway station, thereafter Kailash Chand alongwith one person drove away the dumper. Kailash Chand last time took the stolen dumper for selling from Darwa. Shyam Lal was arrested on 26.9.2012, he has been released on bail. Kailash Chand joined the investigation on 10.11.2012, but he did not disclose anything about the stolen dumper. Kailash Chand has not joined the investigation after 12.11.2012.

Kailash Chand is an accused in FIR No. 90 dated 5.5.2011, u/s 379, 34 IPC, Police Station, Rampur, which is pending trial. Shyam Lal alias Bittu, Balbir Singh alias Chhelu are to be arrested and recovery of dumper is to be made. The petitioner is habitual offender. He is an accused in FIR No. 90 dated 5.5.2011 registered at Police Station, Rampur involving theft of cable drum valuing Rs. 13,93,804/-. The submission has been made for rejection of the bail application.

Heard and perused the record. The learned Addl. Advocate General has submitted that petitioner is not cooperating in the investigation, he has not joined the investigation after 12.11.2012. The petitioner is habitual offender, he is already an accused in FIR No. 90 dated 5.5.2012 in which theft of property valuing Rs. 13,93,804/- is involved. The learned counsel for the petitioner could not deny the stand of the investigating agency that petitioner is not cooperating in the investigation nor he has joined the investigation after 12.11.2012. The other accused Shyam Lal alias Bittu and Balabir Singh alias Chhelu are to be arrested and dumper in question is to be recovered. The petitioner is already an accused in a theft case. It appears petitioner is repeating the offence of theft. The petitioner is not entitled to indulgence of bail, u/s 438 Cr.P.C. Hence, the petition is dismissed. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.