1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.1056 of 2011. Date of decision: 20.12.2011. Bimla,W/o Sh. Vir Singh, aged about 50 years, r/o Kanwar Niwas, Middle Sangti, Summer Hill, Shimla-5 (HP). ......Petitioner. Versus State of Himachal Pradesh through Ld.AG. ......Respondent. Application under Section 438 of Criminal Procedure Code with the prayer to release on bail in the event of arrest in FIR No.282/2011 dated 08/12/2011, lodged with PS: Boileauganj, Shimla West under Section 379 of the Indian Penal Code and Section 135 of the Electricity Act, 2003. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr. P.P.Chauhan, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General. Kuldip Singh , Judge( Oral). The petitioner has filed an application under Section 438 Cr.P.C. for releasing her on bail in FIR No. 282/2011 dated 08.12.2011 registered at Police Station, West,Shimla, under Section 379 IPC and Section 135 of the Electricity Act, 2003. 2. It has been stated that petitioner is innocent. The petitioner is owner of the premises where alleged theft of electricity has been 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 committed. It has been stated that supply from the meter in question is given to the tenants and due to inimical relations with the meter reader of the Electricity Board or any other vested person, a false case has been registered against the petitioner. 3. The Himachal Pradesh State Electricity Board had issued a notice to the petitioner which was replied. The petitioner has been falsely implicated in the case. The petitioner had been receiving regular electricity bills of the meter from which the theft has been allegedly committed. The petitioner had made the payments to Himachal Pradesh State Electricity Board on regular basis. It has been stated that nothing is to be recovered from the petitioner. The petitioner belongs to a respectable family. The petitioner filed bail application which has been dismissed by learned Sessions Judge, Shimla, on 13.12.2011. The prayer has been made for releasing the petitioner on bail on such terms as the Court deems just and proper. 4. The status report has been filed and the bail application has been opposed. It has been stated that a written complaint dated 07.12.2011 was submitted on 08.12.2011 by Satish Kumar, Junior Engineer, in the Police Station. It has been stated that during surprise inspection conducted by Senior Executive Engineer (FSU-II) along with other staff in Shangti area, a case of theft of energy i.e. direct supply to the load of the premises was detected in the house of Smt. Bimla Kanwar. The site inspection report was handed over to the consumer. The consumer was requested vide letter dated 03.12.2011 to deposit ` 9,600/- at the rate of ` 4,000/- per KW or part thereof for 204 KW load on account of compounding of offence, immediately and provisionally 3 assessed amount of `41,562/- on account of unauthorized use of electricity under Section 126 of the said Act. On receipt of said letter, the consumer vide letter dated 03.12.2011 accepted the whole incident as mentioned above and agreed that she will not repeat the same in future. She also requested that no legal action be taken on this count as she would pay the penalty imposed. It has been stated that till date the consumer has not deposited `9,600/- on account of compounding of offence. The request was made for registration of the case. On this, the case has been registered. It has been stated that it has come in the investigation that seal of the meter was tampered with the help of additional wire and theft of electricity was committed. On 19.12.2011, the petitioner has deposited ` 9,600/- by way of penalty. She has given separate application for paying the balance amount. The prayer has been made for rejection of the bail application. 5. I have heard both the sides and perused the police file. The allegation against the petitioner is that she has committed theft of electricity valuing provisionally ` 41,562/-. The petitioner vide letter dated 03.12.2011 has stated that in future she would not commit such mistake and would pay the amount assessed. The petitioner has paid `9,600/- penalty on 19.12.2011. As per status report, she has filed separate application for paying the balance amount. In the status report, it has not been stated that for what purpose custodial interrogation of the petitioner is required. The case has been registered after inspection of the premises of the petitioner and when it was noticed that theft of electricity has been committed from the meter installed in the building of the petitioner. There is nothing in the status report that petitioner is not 4 co-operating in the investigation or she is tampering the evidence. The petitioner has made out case for grant of bail under Section 438 Cr.P.C. 6. Accordingly, application is allowed and in the event of arrest of petitioner in FIR No. 282/2011 dated 08.12.2011 registered at Police Station, West,Shimla, under Section 379 IPC and Section 135 of the Electricity Act, 2003, the petitioner be released on bail on her furnishing personal bond in the sum of `20,000/- with one surety of the like amount to the satisfaction of the Arresting Officer subject to the conditions that petitioner shall deposit balance amount due from her on account of alleged theft within a period of two weeks from today with the concerned Sub Division. She shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. In the event of not complying any of the conditions, the Investigating Agency shall be at liberty to approach this Court for cancellation of the bail of the petitioner. 7. The observations made in the judgment are for the disposal of the bail application and shall not be construed as expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. December 20,2011. (Krt)