IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 850 of 2011. Date of decision: 28.10.2011. Kuldeep Kumar alias Guddu ….. Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. R.K.Gautam, Sr. Advocate with Mr. Vikrant Chandel, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General with Mr. P.M.Negi, Dy. Advocate General. Kuldip Singh, Judge (oral). This is an application under Section 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 172 dated 10.8.2011 registered at Police Station, Nalagarh, under Section 379 IPC. The status report filed and the same has been perused. 2. It has been stated in the application that petitioner was arrested on 10.8.2011 and since 16.8.2011 he is in judicial lock up. The petitioner is innocent, he has committed no offence nor he has been connected in any manner in the commission of the offence. The investigation in the case is complete. The challan has been submitted in the court on 22.10.2011. The continuous detention of the petitioner Whether the reporters of the local papers may be allowed to see the Judgment? …2… is not necessary. The petitioner is ready to furnish bail bonds in accordance with the directions of this court. 3. It has been submitted that petitioner and co-accused Dharmender filed Cr.MP.(M) No. 653 of 2011, which was disposed of on 1.9.2011. This court granted bail to Dharmender but rejected the bail application of the petitioner. The petitioner thereafter filed Cr.MP(M) No. 735 of 2011, which has been dismissed on 27.9.2011. It has been submitted that this court rejected the bail application of the petitioner on 27.9.2011 mainly on the ground that there is no change of circumstance after 1.9.2011. It has been submitted that now challan has been submitted, and, therefore, petitioner is entitled to bail on the basis of change of circumstance. 4. The bail application has been opposed on the basis of status report. It has been submitted that on the basis of disclosure statement, the petitioner got recovered `2000/-. It has been stated that petitioner is resident of outside the State and therefore, it will be difficult to secure his presence in case he is released on bail and there is apprehension of committing similar type of offence by petitioner. 5. Heard and perused the record. The case has been registered against the petitioner and Dharmender under Section 379 IPC. The complainant has alleged theft of `2000/- from his account through ATM. The petitioner is in custody since 10.8.2011. The investigation in the case is complete and even the challan has been submitted in the court. It has come in the order dated 1.9.2011 that father of petitioner is having his own house at Chandigarh. The …3… petitioner has given his address in the bail application. It is not the case of the prosecution that father of the petitioner is not resident of place given by the petitioner in the bail application. The investigation in the case is complete, therefore, no purpose will be served by detaining the petitioner for indefinite period. The trial of the case will take some time. The apprehension of the prosecution that petitioner will commit similar offence is not supported by past conduct of petitioner. It is not the case of the prosecution that petitioner in past was involved in some other case of similar nature. In any case, the law will take its course, if petitioner will commit the offence of any type. 6. Thus, keeping in view the entire facts and circumstances of the case, the petition is allowed and petitioner is ordered to be released on bail in FIR No. 172 dated 10.8.2011, registered at Police Station, Nalagarh under Section 379 IPC on his furnishing personal bond in the sum of `25,000/- with one surety of the like amount residing within the jurisdiction of learned trial Magistrate to the satisfaction of learned trial Magistrate with the conditions that petitioner shall not tamper the prosecution evidence or overawe any prosecution witness in any manner. Copy dasti. October 28, 2011. ( Kuldip Singh ), (Hem) Judge.