IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 852 of 2011 Date of decision : 03.11.2011. ____________________________________________________________ Ravi Kumar Bharti …Petitioner. Versus State of Himachal Pradesh . …Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Petitioner : Mr. Sanjay Jaswal, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. Kuldip Singh, Judge (Oral) This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 193 of 2011 dated 25.8.2011 registered at Police Station, Kangra, under Sections 379, 34 IPC. 2. It has been stated that the prosecution case is that on 25.8.2011 V.K.Gupta, Chief Manager, State Bank of Patiala, Kangra informed the police that the petitioner alongwith his co-accused Manish Kumar had been intercepted as they were tampering with ATM of the bank. The police reached the spot and recorded the statement of the complainant under Section 154 Cr.P.C. 3. The allegations against the accused persons are that they withdrew `.20,000/- on 7.8.2011 and `.10,000/- on 8.8.2011 from ATM machine of the bank by tampering the machine. The police had ______________________ 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes 2 recovered `.44,500/- from the room of hotel where the petitioner was staying alongwith co-accused. The image of the petitioner figured in CCTV footage and petitioner was arrested by the police on 25.8.2011 and since then the petitioner is in custody. 4. The petitioner is 24 years old and is a student of BCA. He has been falsely implicated in the case. There is no legal evidence to connect the petitioner with the commission of offence. The wife of the petitioner is pregnant who requires proper lookafter. The continuous detention of the petitioner is not necessary nor any recovery is to be made from the petitioner. The money recovered from the petitioner and his companion belongs to them. 5. The petitioner had earlier filed bail application which has been rejected by the learned Judicial Magistrate, Kangra on 16.9.2011. The learned Additional Sessions Judge (II), Kangra has also dismissed the bail application of the petitioner on 11.10.2011. The petitioner is innocent, he is ready to furnish bail bonds. On behalf of the petitioner, prayer has been made for releasing him on bail.. 6. The bail application has been opposed by the learned Additional Advocate General. It has been stated in the status report that the case has been registered on the basis of statement under Section 154 Cr.P.C. of V.K.Gupta, Chief Manager, State Bank of Patiala, Kangra. On 7th & 8th August, 2011 Mehar Chand and Surinder Kumar Sharma had given written complaints that from their accounts through ATM amounts of `20,000/- and `.10,000/- have been withdrawn. He has stated that on 25.8.2011 in between 9-10 a.m. he had seen tampering of ATM machine on CCTV. He suspected the boys 3 and he went to the ATM machine of the bank and asked the boys what they were doing with the ATM. The boys got perplexed and attempted to run away but they were over powered by him with the help of other bank staff. In the footage of 7th & 8th August, 2011 on CCTV, one of the boys apprehended on 25.8.2011 was found withdrawing the amount from ATM and said boy was identified Ravi Kumar Bharti. 7. It has come in the investigation that petitioner and his companion had taken room in Gaurav Hotel, Kangra on 24.8.2011. On search, `.44,500/- were recovered from there. It has come in investigation that some amount they had withdrawn at Katra, Jammu and Kashmir from ATM. On investigation, it was found that a sum of `.10,000/- was withdrawn from the account of one Smt.Manju Lata, Staff Nurse, S.K.M.C., Muzaffarpur. The petitioner in connivance with Amit Paswan alias Guddu Paswan has withdrawn the amounts from the accounts of other persons in District Shimla through ATM and FIR No. 128 of 2011 has been registered at Police Station, Dhalli and another FIR No. 166 of 2011 at Police Station, Sadar, Shimla. In absence of complete address of Amit Paswan accused could not be arrested. The prayer has been made for rejection of the bail application. 8. I have heard both sides and perused the police file. The learned counsel for the petitioner has stated that there is no legal evidence so as to connect the petitioner with the commission of offence. He has submitted that the petitioner is innocent and he may be released on bail keeping in view of his age and the fact that he is a student. The wife of the petitioner is pregnant and she requires proper 4 care. There are serious allegations against the petitioner. The allegation against the petitioner is that not only at Kangra but he withdrew the amounts from the accounts of the other persons through ATMs in Katra (J&K) and in District Shimla. The petitioner belongs to Bihar and having residence in New Delhi. One accused Amit Paswan has absconded. The instances of unauthorized withdrawal of amounts from the accounts of others through ATM are increasing. The innocent account holders are taken unaware and they are left high and dry. In view of seriousness of the allegations and gravity of offence, the petitioner is not entitled to bail. Accordingly, the petition is dismissed. 9. The observations made in this judgment are for disposal of bail application only and the same shall not be construed as an expression of opinion on the merits of the case. November 3, 2011 ( Kuldip Singh ) (GR) Judge.