LAWS(HPH)-2012-10-115

RAJESH KUMAR S/O GULABU RAM Vs. STATE OF HIMACHAL PRADESH

Decided On October 15, 2012
RAJESH KUMAR S/O GULABU RAM Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This is an application, under section 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 141/12 dated 18.9.2012, registered at Police Station, Theog, Distt. Shimla, under sections 420, 467, 468, 471 IPC.

(2.) It has been stated that police have registered above case against the petitioner and another person Prem Singh. The petitioner is innocent, he has committed no offence. The petitioner and Prem Singh had filed anticipatory bail applications before the learned Addl. Sessions Judge, Shimla. The bail application of the petitioner was rejected by the learned Addl. Sessions Judge, Shimla on 4.10.2012. The learned Addl. Sessions Judge, however, granted anticipatory bail to Prem Singh on 4.10.2012. The petitioner is apprehending his arrest in the above case. The petitioner is ready to join the investigation and furnish bail bonds. The submission has been made for releasing the petitioner on bail.

(3.) The status report has been filed. It has been stated that case has been registered on 18.9.2012 on the basis of rukka of Kulwant Singh Sub Inspector. It has been stated that on 18.9.2012 the complainant was in village Bhalech in connection with investigation of a case. In the house of Prem Singh vehicle HP-09A 2593 was searched in presence of Prem Singh and witnesses. In the dash board of the car, driving licence DL OLA: HP-09 Licence No. DL/N/THG/1/09-10 dated 2.4.2009 of Prem Singh was found having seal of RLA Theog. Another driving licence No. OLA: HP-53 LICENCE NO. DL/N/2/2010 dated 2.1.10 in the name of Pritam Singh bearing the seal of RLA Shimla (Urban) was found. On perusal of both the driving licences, it was found that photograph of one and the same person was affixed on both the driving licences. The driving licence in the name of Prem Singh appears to be genuine, but the other driving licence in the name of Pritam Singh appears to be fake.