IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA Cr.M.P.(M) No. 753 of 2011 Date of decision: 27.09.2011. _______________________________________________________ Babu Ram @ Bal Krishan ….. Petitioner. Versus State of Himachal Pradesh. …. Respondent. ________________________________________________________ Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Mr. Peeyush Verma, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl.Advocate General with Mr. J.S. Rana, Assistant A.G. Kuldip Singh, J (Oral) This is an application for releasing the petitioner on bail under Section 438 Cr.P.C. in FIR No.183 of 2011 dated 30.6.2011, registered at Police Station, Theog for offence punishable under Section 379 IPC. The Status report has been filed and the same has been perused. 2. It has been stated that the petitioner is innocent. He has committed no offence. The petitioner has been falsely implicated in the case. It has been stated that earlier FIR No.13 of 2011 dated 21.1.2011 had been registered at Police Station, Theog for commission of offences punishable under Sections 279, 337, 304-A IPC. Later on Section 420 was added and the petitioner was also Whether the reporters of the local papers may be allowed to see the Judgment?Yes arrayed an accused. In that case also, it was the stand of the prosecution that car engine involved in the case had been stolen from the Police Station, in respect of which FIR No.183 of 2011 has been registered and the stolen engine was to be recovered. In view of the stand of the prosecution anticipatory bail application filed by the petitioner in FIR No.13 of 2011 was rejected on 13.9.2011 and the petitioner was arrested. 3. The petitioner thereafter filed an application under Section 437 Cr.P.C. in FIR No.13 of 2011 which was opposed on the ground that stolen engine was to be recovered. The petitioner was remanded to police custody on 14.9.2011 and 17.9.2011. The petitioner was bailed out by learned Judicial Magistrate Ist Class on 19.9.2011. 4. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The allegations of stealing of the engine attributed to petitioner are false. In any case the police objected the bail but learned Judicial Magistrate granted the bail to the petitioner in FIR No.13 of 2011 on 19.9.2011. The prayer has been made for grant of bail to the petitioner. 5. The bail application has been opposed by the learned Additional Advocate General on the basis of status report. It has been stated that FIR No.183 of 2011 has been registered on 17.8.2011 on the basis of written complaint of HC Sunil Kumar. It has been alleged that on 14.8.2011 the owner of car HP-03A-1639 alongwith his son Sunil Verma and mechanic came to the police station and enquired about the engine and chassis numbers of the vehicle and it was found that the engine and gear box of the car were missing and those have been stolen by some unknown person some time in between 12.8.2011 to 14.8.2011. 6. It has been stated in the status report that it has come during the investigation that car No.HP-03A-1639 met with an accident in the year 2004 and case was registered at Police Station ( East) Shimla under Sections 279, 337 IPC. This car was ultimately sold to Hem Raj alias Rinchu by Babu Ram petitioner. The engine of the vehicle has been stolen after the accident in order to remove the evidence that engine in the vehicle No.HP-03A-1639 was not in fact the engine of HP-03A-1639. This has been done by petitioner to avoid the liability of compensation with respect to deaths of Sorav Bhandari. Layak Ram and Bagat Ram died in the accident involving car No.HP-03A-1639. 7. I have heard both the sides and perused the police file. The FIR No.183 of 2011 was registered on 17.8.2011. The FIR No.13 of 2011 was registered on 21.1.2011 at Police Station, Theog. The petitioner was bailed out in FIR No.13 of 2011 on 19.9.2011. The bail application of the petitioner in FIR No.13 of 2011 was opposed more or less on the same grounds. The allegation against the petitioner is that he had stolen the engine of car No.HP-03A-1639 from the police compound. It has not been stated in the status report that petitioner is not cooperating in the investigation. The petitioner can be interrogated during bail also. In the facts and circumstances of the case the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. 8. Accordingly, application is allowed. The petitioner in the event of arrest, is ordered to be released on bail in FIR No.183 of 2011 dated 30.6.2011, registered at Police Station, Theog for offence punishable under Section 379 IPC on furnishing personal bond in the sum of ` 20,000/- with one surety of the like amount to the satisfaction of Arresting Officer, with the condition that the 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. 9. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case. Copy ‘Dasti’. September 27, 2011 (Kuldip Singh), (sks) Judge.