Piar Singh Rana, J. - (1.) PRESENT petition filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 54 of 2014 dated 23.4.2014 registered under Sections 420 and 380 read with Section 34 of the Indian Penal Code at Police Station Gagret, District Una Himachal Pradesh.
(2.) IT is pleaded that applicants were took into custody on 14.5.2014 and since then applicants are in custody. It is further pleaded that investigation is almost complete and nothing is to be recovered from the applicants and the applicants undertake to join investigation as and when required by the Investigating Officer. It is further pleaded that story of exchange of ATM card is a false allegation. It is further pleaded that liberty of the applicants has been curtailed by detaining them in jail without having found guilty and prayer for acceptance of bail application sought. Per contra police report filed. There is recital in police report that FIR No. 54 of 2014 dated 23.4.2014 has been registered against the applicants under Sections 420 and 380 read with Section 34 IPC at Police Station Gagret, District Una HP. There is recital in police report that on dated 23.4.2014 the statement of complainant Smt. Vijay Jaswal wife of Sh Satvir Singh Jaswal village and post office Sukali Tehsil Amb District Una was recorded under Section 154 Cr PC. There is further recital in police report that complainant Smt. Vijay Jaswal is posted as Librarian since 18 years in Government Senior Secondary School Daulatpur Chowk. There is further recital in police report that complainant Smt. Vijay Jaswal wife of Sh Satvir Singh Jaswal has opened an account in State Bank of Patiala. There is further recital in police report that on dated 25.3.2014 complainant Smt. Vijay Jaswal received a message upon her mobile No. 98057 -66466 that Rs. 30,000/ - (Thirty thousand) was withdrawn from her saving account through ATM card. There is further recital in police report that on dated 26.3.2014 complainant Smt. Vijay Jaswal again received a telephonic message that an amount of Rs. 40,000/ - (Forty thousand) was withdrawn from her account No. 55096407493. Complainant Smt. Vijay Jaswal further informed that within two days an amount of Rs. 70,000/ - (Seventy thousand) withdrawn through ATM card and theft was committed qua money balance of the complainant. There is further recital in police report that complainant has closed her ATM account on dated 26.3.2014. There is further recital in police report that complainant further informed that on 25.3.2014 her ATM card was got exchanged. There is further recital in police report that Smt. Renu Sharma who is a friend of the complainant could identify the persons who have exchanged the ATM card of the complainant. There is further recital in police report that a case was registered and investigation was conducted. There is further recital in police report that site plan was prepared and statements of the prosecution witnesses were also recorded. The statements of the accused persons under Section 27 of the Indian Evidence Act were also recorded. There is further recital in police report that challan has already been filed against the accused persons in Court on dated 8.7.2014. There is further recital in police report that accused persons are residents of Haryana and they would threaten the prosecution witness. Prayer for rejection of bail application sought.
(3.) COURT heard learned Advocate appearing on behalf of applicants and Court also heard learned Addl. Advocate General appearing on behalf of non -applicant.;