Ravinder Thakur vs State of H.P.

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 282/2011 dated 19.11.2011, registered at Police Station, Balh District Mandi, under sections 379, 411, 34 IPC. It has been stated that petitioner has been falsely implicated in the above case and, therefore, he apprehends his arrest at any time by the police in the above case. The petitioner is innocent, he has committed no offence. The petitioner is ready to join the investigation and submission has been made for releasing the petitioner on bail. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court.

The status report has been filed. It has been stated that case has been registered on a complaint dated 19.11.2011 of Roshan Lal alleging therein that he had parked his bike No. HP-31-7180 on 15.11.2011 outside PWD office, Ner Chowk. On 16.11.2011 at 11 p.m. he found that his bike was not at the place where it was so parked on 15.11.2011. He searched the bike on 17.11.2011, but he could not trace his bike. On this, case was registered.

On 27.1.2012, a secret information was received that stolen bike has been dismantled and its parts were lying in the house of Harish Kumar. The dismantled parts of the stolen bike were recovered from the house of Harish Kumar, who could not give any satisfactory explanation for the dismantled parts recovered from his house. Harish Kumar was arrested, who disclosed that dismantled parts of the motorcycle were given to him by Rajju alias Ravinder Thakur and Lalit. Harish Kumar further disclosed that silencer of the motorcycle was taken from his house by Lalit and Ashish Rana. Ashish was also arrested. Ashish Rana sold the silencer of the motorcycle to Sham Lal and from the cow-shed of Sham Lal the silencer was recovered. Sham Lal was arrested, but Ashish Rana and Sham Lal have been released on bail. The petitioner after obtaining interim bail joined the investigation. He produced the tyres with tubes of the motorcycle, which were taken into possession. The RC, insurance policy and number plate of the motorcycle are yet to be recovered. Lalit Kumar has obtained interim bail from learned Sessions Judge, Mandi and his bail application is fixed on 28.2.2012. The prayer has been made for rejection of bail application.

Heard and perused the record. It has been stated by the learned Addl. Advocate General that there are in all five accused, namely, Ravinder Thakur, Lalit, Harish Kumar, Ashish Kumar and Sham Lal. It has also been stated that Harish Kumar, Ashish Rana and Sham Lal have already been released on bail. The bail application of Lalit Kumar is pending before the learned Sessions Judge, Mandi. It has been stated in the status report that dismantled parts of the motorcycle were given by petitioner to Harish Kumar. The prosecution for this purpose is relying on the disclosure made by co-accused Harish Kumar, but from the record nothing has been pointed out to show that how the dismantled parts came in possession of the petitioner. The other accused, namely Harish Kumar, Ashish Rana and Sham Lal, who were also found in possession of dismantled parts of the motorcycle have already been released on bail. The petitioner at this stage is similarly situated as accused Harish Kumar, Ashish Rana and Sham Lal, who have already been released on bail. The petitioner has joined the investigation. There is no allegation that petitioner is not cooperating in the investigation. No worth believing material has been pointed out that RC, insurance policy and number plate of the motorcycle are with the petitioner. In these circumstances, the petitioner has made out a case for grant of bail in his favour u/s 438 Cr.P.C.

In view of above, the petition is allowed and it is directed that in the event of arrest of the petitioner in FIR No. 282/2011 dated 19.11.2011, registered at Police Station, Balh District Mandi, under sections 379, 411, 34 IPC, he be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of arresting officer with the conditions that 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. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of.