Kuldeep Panwar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner seeks regular bail under Section 439 of the Code of Criminal Procedure in FIR No.6/2021, dated 12.01.2021, registered under Sections

457, 380 & 34 of the Indian Penal Code, at Police Station Kala Amb, District Sirmaur, H.P.

I have heard learned counsel for the parties and gone through the status report filed by the respondentÂ​State.

The prosecution case in nutshell is that one Shri Parampal Singh proprietor of Spoton Logistics Private Limited Transport at Kala Amb on

12.01.2021 reported theft of various articles from his shop during intervening night of 9/10Â01.2021. On 14.01.2021 the police received an information

in respect of arrest of the petitioner in FIR No.09/2021 under Sections 457, 380, 201, 120ÂB and 34 of the Indian Penal Code registered at Police

Station Baddi, where the petitioner had statedly disclosed committing theft alongwith his other companions at Kala Amb during intervening night of

9/10Â01.2021. Petitioner was further stated to have disclosed that stolen articles were with one Ravinder Kumar alias Sonu R/O Saharanpur U.P.

The investigating agency visited Saharanpur U.P. The stolen articles were eventually traced to the house of one Viram Singh, resident of Balaji Puram

Pijora Rudarpur. During investigation, petitioner statedly admitted his crime. As per the status report, the evidence collected by the investigating

agency proves involvement of the petitioner and his companions/co accused Ravinder alias Sonu, Jaivinder, Furkan, Umar and driver Sonu in the

commission of the offence alleged in the FIR. These accused persons statedly used a pick up for the commission of the offence, which was clearly

visible in the CCTV footage while entering and exiting Kala Amb, H.P. Further according to the status report, as per CDRs tower location, presence

of all the accused persons including the bail petitioner was found at Kala Amb area at the relevant time.

Learned counsel for the petitioner contended that the petitioner has been falsely implicated with the offences alleged against him. He further

submitted that the petitioner is in custody w.e.f. 12.01.2021. Investigation in the case is complete. Challan has already been presented before the

Court of competent jurisdiction on 18.03.2021. All the articles allegedly stolen from the complainant’s shop stand recovered. Nothing remains to

be recovered in the case. Learned counsel further submitted that the petitioner will abide by all the conditions, which may be imposed upon him in case

of grant of bail and that he will neither influence the prosecution witnesses nor temper with the prosecution evidence in any manner.

Learned Deputy Advocate General while opposing the bail plea, fairly submitted that all the coÂaccused persons involved with the petitioner in the

FIR in question, have been enlarged on bail and further that the stolen articles stand recovered.

It is the case of the prosecution that the articles allegedly stolen by the petitioner alongwith coÂaccused persons from the shop of the complainant

stand recovered by the investigating agency. No further recovery is to be effected either from the petitioner or from the co accused persons. The

other five coÂaccused persons have already been enlarged on bail. Though the status report does give criminal history of the bail petitioner inasmuch

as seven cases were registered against him in the year 2000 in the State of U.P and thereafter a case each was registered against him in the years

2010 and 2011 respectively.

However, the status report does not give any clarity, as to whether these cases are still pending or disposed of and if disposed of, then what decisions

were arrived at. Be that as it may.

Considering the prevailing CovidÂ19 pandemic situation and the fact that the entire stolen property stand recovered in the case as well the fact that all

the other coÂaccused persons have already been enlarged on bail, therefore, in my considered opinion, no fruitful purpose would be served in keeping

the bail petitioner in custody any further. Petitioner is in custody w.e.f. 12.01.2021. Investigation in the matter is complete. Challan stands presented

before the Court of competent jurisdiction on 18.03.2021. To secure the presence of the bail petitioner during trial, stringent conditions are being

imposed upon him. Also considering his criminal history, one more condition is being imposed upon him that in case in future, if he is found to be

involved in any criminal activity then the instant bail is liable to be cancelled at the instance of investigating agency. This bail application is accordingly

allowed. Bail petitioner is ordered to be released in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.75,000/Â with

two local sureties in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the

following conditions:Â​

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the

facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). In case of launching of prosecutor, the petitioner shall attend the trial on every hearing, unless exempted in accordance with law;

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in

the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, EÂmail,

PAN Card, Bank Account Number, if any; &

(vii). In case in future, if the petitioner is found to be involved in any criminal activity then the instant bail is liable to be cancelled at the instance of

investigating agency.

In case of violation of any of the terms & conditions of the bail, respondentÂState shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an

opinion on the merits of the matter. Learned Trial Court shall decide the main matter without being influenced by the above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy dasti.