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Mohinder Kumar vs State of H.P.

High Court Of Himachal Pradesh · Decided on 22 November 2011 · Citation: (2011) 11 SHI CK 0029

HON’BLE JUDGES
Kuldip Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Mines and Minerals (Development and Regulation) Act, 1957 — Section 21 · Penal Code, 1860 (IPC) — Section 336, 34, 379
CASE NUMBER
Cr.MP (M) No. 926 of 2011
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Judgment

8 paragraphs · 535 words

Kuldip Singh, Judge

1.

This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No.106 of 2011 dated 31.7.2011 registered at Police Station, Karsog under Sections 379, 336, 34 IPC and Section 21 of the Mines and Minerals Act, 1957.

2.

It has been stated that the petitioner is driver of Truck No. HP-30A-0731. He has come to know that FIR No. 106 of 2011 dated 31.7.2011 has been registered at Police Station, Karsog. Umesh Kumar, complainant has personal enmity with Het Ram, therefore, in order to harass Het Ram and petitioner, he made a false complaint to the police that Het Ram had been doing illegal mining in Satluj River and petitioner is carrying away the extracted material. The complainant earlier also made a false complaint against Het Ram and the petitioner which was enquired by the authorities and found false.

3.

It has been stated that the petitioner is innocent. He has committed no offence. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The other two accused Het Ram and Chaman Lal have already been released on bail. The prayer has been made for releasing the petitioner on bail.

4.

The status report has been filed and the bail application has been opposed. It has been stated that JCB used for commission of offence has been taken into possession alongwith key and documents. The petitioner on 17.11.2011 produced Tipper bearing No. HP-30A-0731 alongwith papers which has been taken into possession. The log book of the Tipper has also been produced by the petitioner. It has been stated that the petitioner has joined the investigation. It has also been stated that no recovery is to be made from the petitioner.

5.

I have heard the learned counsel for the parties and have also gone through the record. It appears the investigation in the case is complete. It has been stated in the status report that no recovery is to be made from the petitioner, who has joined the investigation. It has not been stated in the status report that petitioner is not cooperating in the investigation. The other two accused have already been released on bail. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail u/s 438 Cr.P.C.

6.

In view of the above, the petition is allowed. The petitioner is ordered to be released on bail in FIR No.106 of 2011 dated 31.7.2011 registered at Police Station, Karsog under Sections 379, 336, 34 IPC and Section 21 of the Mines and Minerals Act, 1957, on his furnishing personal bond in the sum of ` 25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioner shall continue to join the investigation as and when called by the Investigating officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner.

7.

The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.