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Judgment
Vivek Singh Thakur, J
This petition, under Section 439 Cr.P.C., has been filed seeking regular bail in case FIR No. 62 of 2019, dated 11.3.2019, registered under Sections 457, 380, 201 read with Section 34 of IPC in Police Station Sadar, District Bilaspur, H.P.
Status report stands filed. According to the status report, on 11.3.2019, complainant got recorded his statement under Section 154 Cr.P.C. on the basis of which FIR No. 62 of 2019 was registered in Police Station Sadar. It is stated by the complainant that because of death of his mother, he along with his wife, had gone to the house of his brother situated nearby, keeping inner and outer lights of the house switched on and there was none at his house except his untied German Shepherd Dog. He has further submitted that he has also installed CCTV Cameras in front and back side of his house. He has further stated that when he and his wife came back to their house at 6:15 A.M. on 11.3.2019, then despite his best efforts, lock of his door could not be opened and, therefore, he went to back side of the house and found that back door was open and grill of window, adjacent to the door, was also broken. Inside the house they found all articles scattered here and there and it was found that ornaments weighing about 2.5 Tola (25 Grams) Gold and about Rs.2,00,000/- cash had been stolen.
According to status report, because of technical defect, accused could not be identified in the footage of CCTV Camera and finger prints could not be developed on the spot and foot prints were also not found on the spot. The accused could not be traced even with the help of dog squad. Thereupon dump data of mobiles active in the area at relevant point was collected and on analysis thereof suspected mobile numbers and person were interrogated and during this analysis mobile number 7591812547 and 7087673187 had been found to be used on 11.3.2019 at about 1:56 A.M. at Kandraur. Call details report of these mobile numbers were obtained and it was found related to accused persons namely Rohit alias Kuri and petitioner Sanju alias Ishki. At that time Rohit was found in Police custody in Police Station Amb, District Una, H.P. arrested in another case, who, during interrogation, had disclosed that in the months of March and April, 2019, he along with co-accused Niranjan and Sanju (petitioner) had committed thefts in Bilaspur and mobile number 7591812543 was used by him (Rohit) during theft in Bilaspur. Whereafter co-accused Niranjan was arrested from Jalandhar and during his custody, had disclosed that he had kept ornaments with him and cash was distributed amongst his co-accused. On the basis of his disclosure statement, a nugget, weighing 22.30 gram, was recovered from his residential house, which was extracted by him after melting the ornaments.
It is further stated in the status report that petitioner Sanju alias Ishki was also found in Open Air Jail, Jabli Bilaspur in judicial custody in case FIR No. 229 of 2018, dated 4.10.2018.. On 14.12.2019, his custody was transferred and he was arrested and during investigation he had disclosed that because of fear of arrest, he had thrown rod, screw driver and mobile phone No. 7087673187, used for committing theft, in river Beas while he was going to his in-laws in Amritsar.
It is also stated in the status report that accused Rohit, after his enlargement on bail in case registered in Police Station Amb, was not traceable and, therefore, on 28.12.2019, arrest warrant was obtained against him but he was not traceable in his village and in his relations. Ultimately, on the basis of secret information, he was arrested on 10.1.2020 at Udhampur in Jammu and Kashmir. According to status report he had also thrown his mobile phone in Kangsa river in his in-laws at Dador. Car used by accused persons for commission of offence had already been seized in case FIR No. 122/2019, registered in Police Station Amb. Mobile numbers used by accused Rohit and Sanju were also found of Arushi Devi R/o Mandi and Kuldeep R/o Pathankot, respectively. On inquiry, they had disclosed that their mobile phones were lost in October, 2018 and January, 2019, respectively. On analysis of CDR, it was found that from these mobile numbers, Rohit was in regular contact with one Asha Devi and accused Sanju had been contacted by one Ashu regarding a dispute of transaction of money.
According to status report, challan and supplementary challan against accused persons have been presented in the Court of JMIC Bilaspur on 18.1.2020 and 14.8.2020, respectively.
It is also submitted in status report that since the year 2013 till date, petitioner had been found involved in 20 cases and all these cases, except one were registered under Section 457 and 380 IPC, detail whereof is as under:-
Sr. No
FIR No. & Date
Sections
Name of Police Station
Current status of FIR
1.
43/13, dated 13.7.13
457, 380 IPC
Sujanpur, District Hamirpur
Pending in Court
2.
34/13, dated 5.4.2013
457, 380, 34 IPC
Lambagaon, District Kangra
Pending in Court
3.
73/13, dated 5.6.2013
457, 380, 34 IPC
Bhawarna, District Kangra
Pending in Court
4.
189/14, dated 27.10.2014
457, 380 IPC
Dharamshala, District Kangra
Pending in Court
5.
99/15, dated 10.5.2015
380 IPC
Dharamshala, District Kangra
Pending in Court
6.
108/15 dated 19.9.15
457, 380 IPC
Badsar, District Hamirpu
Pending in Court
7.
111/15, dated 11.10.15
457, 380, 34 IPC
Badsar, District Hamirpu
Pending in Court
8.
125/15, dated 15.11.15
457, 380, 34 IPC
Badsar, District Hamirpu
Pending in Court
9.
44/15, dated 3.4.15
457, 380, 34 IPC
Badsar, District Hamirpu
Pending in Court
10.
158/18, dated 14.9.18
279, 337 IPC, 187 MV Act
Shahpur, District Kangra
Pending in Court
11.
76/18, dated 11.8.18
457, 380, 34 IPC
Jhanduta, District Bilaspur
Pending in Court
12.
229/18 dated 4.10.18
457, 380, 34 IPC
Sadar Bilaspur, District Bilaspur
Pending in Court
13.
21/19, dated 11.2.19
457, 380, 411, 34 IPC
Joginderrnagar, District Mandi
Pending in Court
14.
17/19, dated 23.1.19
457, 380, 411, 201, 34 IPC
Dharampur, District Mandi
Pending in Court
15.
15/19, dated 9.4.19
457, 380 IPC
Hatli, District Mandi
Pending in Court
16.
196/19, dated 3.7.19
457, 380 IPC
Nalagarh, District Solan
Pending in Court
17.
135/19, dated 29.9.19
457, 380, 411, 34 IPC
Amb, District Una
Pending in Court
18.
55/19, dated 28.4.19
457, 380, 411, 34 IPC
Amb, District Una
Pending in Court
19.
62/19, dated 11.3.19
457, 380, 34 IPC
Sadar, Bilaspur, District Bilaspur
Pending in Court
20.
82/19, dated 11.4.19
457, 380, 34 IPC
Barmana, District Bilaspur
Pending in Court
From the details of FIRs registered against petitioner, it is found that 3, 1, 5, 3 and 8 FIRs have been found registered against petitioner during years 2013, 2014, 2015, 2018 and 2019 respectively.
It is true that settled law is bail but not jail and registration of previous FIRs may not be a ground for rejection of bail application and also purpose of grant or refusal of bail is to ensure presence of accused during trial, but at the same time it is also true that such factors are not to be considered in isolation. In the year 2019 itself, petitioner has been found to be involved in 8 cases.
Petitioner had also filed bail application before learned Sessions Judge, Bilaspur on 21.5.2020, which was dismissed on 3.6.2020.
It has come on record that during investigation petitioner was found in judicial custody in another case of theft and his custody was transferred to present case. It is not clear that as to whether, in that case, petitioner has been enlarged on bail or not. In absence of grant of bail in another case, enlargement of petitioner on bail in present case would be a futile exercise.
Considering entire facts and circumstances, without commenting on merits of the case, I find that at this stage, petitioner is not entitled for bail.
Accordingly, bail application is dismissed.