Ashif Ali alias Bhura vs State of H.P.

Kuldip Singh, Judge

This judgement shall dispose of Cr. MP (M) Nos. 684 and 685 of 2012 filed by Ashif Ali alias Bhura and Kurban respectively, u/s 439 Cr.P.C. for releasing them on bail in FIR No. 118/12 dated 28.3.2012, registered at Police Station, Paonta Sahib, Distt. Sirmour under sections 379, 34 IPC. It has been stated that investigation in the case has been completed and nothing has been recovered from the petitioners. The challan has been submitted in the court and, therefore, no purpose will be served by keeping the petitioners in jail for indefinite period. The petitioners had applied for bail, but their bail applications have been dismissed vide separate orders dated 22.6.2012 by learned Sessions Judge, Sirmour District at Nahan.

The petitioners are innocent, they have committed no offence. The conclusion of the trial will take some time. The petitioners are ready to furnish bail bonds in accordance with the directions of the court. The submission has been made for releasing the petitioners on bail.

The status report has been filed in Cr. MP(M) No. 684 of 2012. It has been stated that on 28.3.2012 HC Purshotam Singh, Investigating Officer, Police Post, Majra on receiving information of theft of tractor HP-17B-8635 was at village Kolar, Lal Singh complainant submitted an application alleging theft of tractor No. HP-17B-8635. He has stated that he had purchased tractor HP-17B-8635 in the year 2011 and had parked the tractor as usual near his house, but some unknown person had committed the theft of his tractor, on this case was registered.

On 5.4.2012 HC Hari Chand during nakabandi had seen two persons driving the stolen tractor, they were apprehended and were arrested in FIR No. 65, Police Station, Nahan. The two persons disclosed their names Ashif Ali alias Bhura and Kurban, both residents of Muzaffarnagar. Kurban made a disclosure statement that he and Ashif Ali had concealed two stolen tractors in sugarcane field near his house, which could be recovered. On the statement of Kurban, tractor swaraj 744 was recovered and was found that it was stolen. During investigation, the accused disclosed that stolen trolley has been sold to Billoo resident of village Khargain, District Muzaffarnagar. The house of Biloo was raided, but he was not found there and has absconded.

It has been stated that during investigation, the addresses given by Kurban and Ashif Ali were verified. The address of Kurban was found correct, but not of Ashif Ali. He was found resident of Mohalla Chak Sarai, Bhartichand, Behat Road, Saharanpur as tenant. The recovery of stolen trolley and arrest of Billoo are to be made. The challan has been submitted in the court on 7.6.2012. The efforts are being made to arrest Billoo. The bail applications of the petitioners have been dismissed by the learned Sessions Judge on 22.6.2012. The proceedings against accused Billoo under sections 82, 83 Cr.P.C. are pending. The submission has been made for rejection of bail applications.

Heard and perused the record. The learned counsel for the petitioners has submitted that petitioner Ashif Ali alias Bhura is minor. He has submitted that both the petitioners are also accused in FIR No. 129 dated 14.4.2012, registered at Police Station, Paonta Sahib, under sections 379, 34 IPC. The said case is also with respect to theft of tractor. The learned counsel for the petitioners has submitted that both the petitioners are in custody since long. The investigation in the case is complete and therefore, now they may be released on bail. The judgement dated 12.7.2012 in Cr. MP (M) Nos. 605 and 606 of 2012 filed by Kurban and Ashif Ali alias Bhura, respectively has been perused. It emerges from the judgement that there is another FIR No. 65 of 2012, police station, Nahan involving Kurban. Ashif Ali alias Bhura neither before the learned Sessions Judge nor in the bail application in this court has stated that he was minor at the time of alleged commission of offence in the present case. Therefore, the contention of learned counsel for the petitioners that petitioner Ashif Ali alias Bhura was minor at the time of alleged commission of offence in the present case cannot be entertained.

The petitioner Kurban is resident of Muzaffarnagar and Ashif Ali alias Bhura is a resident of Behat road Saharanpur. Their names are also involved in other cases of theft. The possibility cannot be ruled out that in case they are released on bail, they will repeat same type of offence. In these circumstances, the petitioners are not entitled to bail. The petitions are dismissed. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.