1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 942 of 2011 & Cr.M.P.(M) No.943 of 2011. Date of decision: 23.11.2011. 1. Cr.M.P.(M) No. 942 of 2011. Naveen Daytal. ......Petitioner. Versus State of H.P. ......Respondent. 2. Cr.M.P.(M) No. 943 of 2011. Naveen Daytal. ......Petitioner. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr. Satyen Vaidya, Advocate. ( in both the petitions). For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr.J.S.Rana,Asstt. A.G.( in both the petitions). Kuldip Singh , Judge( Oral). This judgment shall dispose of Cr.M.P.(M) No. 942 of 2011 and Cr.M.P.(M) No. 943 of 2011 both under Section 439 Cr.P.C filed by Naveen Datyal. Cr.M.P.(M) No. 942 of 2011 has been filed for releasing the petitioner on bail in FIR No.61/2011, dated 24.08.2011, registered at Police Station, Bharari, District Bilaspur, under Sections 402, 109 IPC and under Section 25 of the Arms Act. Cr.M.P.(M) No. 943 of 2011 has been filed for releasing the petitioner on bail in FIR 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 No.180/2011, dated 25.08.2011, registered at Police Station Boileauganj, Shimla, under Section 379 read with Section 34 IPC. 2. In Cr.M.P.(M) No. 942 of 2011, it has been stated that Investigating Agency has alleged that on 24.08.2011 , S.H.O., Police Station, Bharari, while patrolling intercepted one Indigo car bearing No. HP-3A-923. The said car was being driven by one Sunil Kumar and other persons found sitting in the car were Ajay Sharma, Kamal Thakur, Sanjay Kumar and Pradeep Kumar. The said persons could not produce the documents with regard to the ownership of car. On suspicion, the vehicle was searched and on search, two iron sickles, hexa blade, one knife, one rod, duppattas, and gloves were recovered. The car was having fake number plate and it was a stolen vehicle. 3. It has been stated that petitioner was neither occupying the car nor has got any concern with the car or the articles found therein. The petitioner was arrested by the police on the basis of some statements made by arrested persons. There is no evidence to connect the petitioner with the commission of offence. 4. The petitioner had applied for bail , but his bail application was dismissed by learned Additional Sessions Judge, Ghumarwin, on 30.09.2011 without making any reference of the role of the petitioner or his involvement in the commission of offence. The Investigating Agency has levelled false allegations against the petitioner. 5. The petitioner is innocent, he has committed no offence and is ready to furnish bail bonds in accordance with the directions of the Court. The prayer has been made for releasing the petitioner on bail. 6. The status report has been filed in which it has been stated 3 that on 24.08.2011, S.H.O. Vijay Kumar along with others were patrolling. At about 10.30, Indigo white car on seeing the policy party stopped, the car was bearing No. HP-3A-923. Sunil alias Kaku, Ajay Kumar alias Chhotu, Kamal Thakur, Sanjay Kumar and Pradeep Kumar were found sitting in the car which was being driven by Sunil Kumar. They could not produce documents of the car nor they disclosed about the ownership of the car. The car appeared to be stolen. On this , car was searched and several incriminating articles such as sickles, knife, hexablade, rod etc. were found inside the car which were taken into possession and, therefore, a case was registered. 7. It has been stated that the accused had erased some portions of front and rear number plates. Ajay Kumar, Sunil Kumar, Kamal Dev and Sanjay Kumar during investigation disclosed that from 19.08.2011 to 24.08.2011, petitioner remained with them and the car was purchased by him. They also disclosed that they have stolen Honda Car from Shogi (Shimla) in the intervening night 23/24.08.2011 which they brought to Ghumarwin. An FIR No.180 of 2011 to this effect has been registered at Police Station, Boileauganj. The petitioner had come to Bharari and from there he absconded, two cases are registered against Ajay Kumar. 8. Sunil Kumar is an habitual offender inasmuch as about 20 cases in different districts have been registered against him. Ajay Kumar, Kamal Dev, Sanjay Kumar, Pradeep Kumar knew all these activities. Sunil Kumar had brought the Honda City Car from Shimla. The accused are members of a gang and they have been committing offences at different places. 9. On 27.08.2011, the petitioner was associated in the 4 investigation, he admitted that from 19.08.2011 to 24.08.2011, he remained with Sunil Kumar,Ajay Sharma, Kamal Dev and Sanjay Kumar in the Indigo Car. The past incidents of the accused were checked. It has been found that Sunil Kumar is involved in 20 cases. Kamal Dev in 3 cases, Ajay Sharma in 2 cases, Sanjay Kumar in 1 case in different districts. The accused have criminal nature and they keep sharp weapons in the vehicles to commit offences. The challan has been submitted in the Court on 27.10.2011. It has been stated that in case petitioner is released on bail, he will commit again similar type of offence. 10. In Cr.M.P.(M) No. 943 of 2011, it has been stated that petitioner has been falsely implicated in the case. He has committed no offence. There is no legal evidence to connect the petitioner with the commission of offence. The petitioner is ready to furnish bail bonds in accordance with the directions of the Court. The prayer has been made for releasing the petitioner on bail. 11. In the status report file in Cr.M.P.(M) No. 943 of 2011, it has been stated that the case has been registered on the complaint of Harbans Lal stating therein that the Honda City Car has been stolen during the intervening night of 23/24.08.2011 from parking plot, committee Centre, Housing Board Colony, Shogi. It has been stated that Honda City Car bearing No. CH-03IN-9116 was recovered. It has been stated that challan has been submitted in the Court on 28.09.2011. The petitioner is an accused in FIR No. 61 of 2011 and FIR No. 119 of 2011. The prayer has been made for rejection of bail application. 12. I have heard learned counsel for the parties in both the 5 petitions. The learned counsel for the petitioner has submitted that there is no legal evidence against the petitioner. He has been falsely implicated in the case. The earlier bail applications of the petitioner in both the cases have been decided along with other accused. The alleged role played by the petitioner has not been considered. It has been submitted that petitioner has been implicated merely on suspicion which has no foundation. The learned Additional Advocate General has submitted that petitioner is a member of gang. He is involved at least three cases being FIR No. 61 of 2011, registered at Police Station, Bharari, FIR No. 180 of 2011, registered at Police Station, Boileauganj and FIR No. 119 of 2011, registered at Police Station, Ghumarwin. 13. The Investigating Agency has projected the case that petitioner is a member of gang involved in committing thefts,dacoties and other highway offences. It has been submitted that it is not in the interest of general public to release the petitioner on bail. In case, the petitioner is released on bail, he will repeat the offence again. It has come on record that petitioner is involved in at least three cases. It appears that petitioner is a member of gang in which some members have as many as 20 cases registered in different districts, some have lesser number of cases. The apprehension of the Investigating Agency is not without foundation when the Investigating Agency has stated that in case petitioner is released on bail, he will commit similar offence again. In the interest of law and order and general public, it is not expedient to release the petitioner on bail at this stage in both the cases. Accordingly, both the applications are dismissed at this stage. 14. The observations made in the judgment are for the disposal 6 of the bail applications and shall not be construed as expression of opinion on the merits of the case. ( Kuldip Singh ), Judge. November 23, 2011. (Krt)