Munish Kumar vs State of Himachal Pradesh

The present bail application has been maintained 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. 12 of 2017, dated 19.01.2017, registered under Section 379 of Indian Penal Code, 1860 (for short "IPC"), registered at Police Station Fatehpur, District Kangra, H.P.

As per the learned counsel for the petitioner, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is resident of the place and is not in a position to tamper with the prosecution evidence and flee from justice, thus the petitioner may be released on bail.

Police report stands filed. As per the prosecution story, on 19.01.2017, during night, when Forest Guard was on patrol duty in Hatli Forest Beat, some persons were cutting a tree, however, taking advantage of the darkness they all escaped. On the subsequent morning, a scooty was found parked there on the spot. The forest authorities reported the matter to the police. Police visited the spot and recovered four logs of ''khair'' tree. The spot was photographed and spot map was also prepared. Statements of the witnesses were recorded. During investigation, it was unearthed that one Rajinder Singh got a report lodged with the police qua theft of his scooty. It was also revealed that said Rajinder Singh got his saw repaired from one Sukhvinder Singh. It was also unearthed that Rajinder Singh telephonically disclosed to Reena Devi that he alongwith others was cutting a khair tree and forest officials came there. On this Rajinder Singh and others escaped from the spot, however, they could not bring the scooty. Reena Devi recorded the said conversation in her mobile. Police completed all the codal formalities. As per the prosecution, no recovery is to be effected from the accused persons. The prosecution prayed for dismissal of the bail application of the petitioners.

I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and have gone through the record, including the police report, carefully.

The learned counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in this case. He has further argued that the petitioner is resident of the place and is not in a position to tamper with the prosecution evidenced and flee from justice. Conversely, the learned Additional Advocate General has argued that the petitioner has committed a serious crime and he can tamper with the prosecution evidence and also flee from justice. He has further argued that taking into consideration the seriousness of the crime, the bail application of the petitioner may be dismissed.

At this stage, taking into consideration the facts that the petitioner is resident of the place, is not in a position to tamper with the prosecution evidence and flee from justice as also the fact that no recovery is to be effected by the police, 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. 12 of 2017, dated 19.01.2017, registered under Section 379 IPC, registered at Police Station Fatehpur, District Kangra, H.P., on his furnishing personal bond to the tune of Rs.10,000/- (rupees ten thousand only) with one surety in the like amount to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioner will join investigation of the case 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.