Mustak Khiljee vs State of Haryana

S.S. Saron, J.—Heard counsel for the parties.

The Petitioner seeks pre-arrest bail in a case registered against him on 18.11.2008 for the offence u/s 379 IPC at Police Station DLF, Sector 29, Gurgaon.

The FIR, in the case, has been registered on the statement of Tejbir Singh whose TATA 407 sky-blue colour was stolen from the vacant plot near the house of his younger brother. It was in the morning when the complainant discovered that the said vehicle which had been parked on the vacant plot has been stolen by an unknown person. The police after investigation, closed the case as an untraced one on 21.01.2009. Later on, an information was received from Rajasthan police on 11.05.2009 that the said vehicle has been recovered from one Naresh Kumar @ Kallu. Naresh Kumar @ Kallu was joined in the investigation in the present case and his disclosure statement was recorded on 08.07.2009 wherein he disclosed that he had stolen the TATA 407 vehicle along with Mustak Khiljee (Petitioner). Besides, he had changed the number plate and the vehicle was apprehended during checking by the District Transport Officer, Kota.

Learned Counsel for the Petitioner has submitted that the Petitioner is not involved in the case and he is sought to be falsely implicated. It is submitted that Naresh Kumar @ Kallu has wrongly named the Petitioner as he (Naresh Kumar @ Kallu) is not on good terms with the family of the Petitioner and was nursing a grudge against them. As regards the vehicle, it is submitted, that has already been recovered; besides, the petitioner is ready to join the investigation.

In response, learned Counsel for the State has submitted that the custody of the Petitioner is required for ascertaining his involvement in the present case and he has been named as an accused by Naresh Kumar @ Kallu. It is also submitted that the Petitioner was declared a proclaimed offender on 17.05.2010. Thereafter, the challan has been filed against the co-accused Naresh Kumar @ Kallu.

After giving my thoughtful consideration to the matter, it may be noticed that the Petitioner is said to be involved in the present case relating to the theft of TATA 407 vehicle of the complainant-Tejbir Singh. The disclosure statement of Naresh Kumar @ Kallu was recorded by the police on 08.07.2009 in which he has named the Petitioner as one of the accused who had stolen the vehicle along with Naresh Kumar @ Kallu besides, they had changed the number plate of the vehicle by putting a fake number.

In the facts and circumstances, no ground to grant concession of pre-arrest bail to the Petitioner is made out.

The criminal miscellaneous petition is accordingly dismissed.

In case, however, the Petitioner surrenders before the police within three days of receipt of copy of this order, his application for regular bail shall be considered by the concerned Court within three days of its filing after excluding the period of police remand, if any.