The main legal point established in the judgment is the presumption of innocence until proven guilty, the completion of investigation, and the recovery of stolen property as grounds for granting bail.

JUDGMENT

Sandeep Sharma, J —By way of instant bail petition filed under Section 439 of Cr.PC, a prayer has been on behalf of the bail petitioner for grant of regular bail in FIR No. 25/18 dated 27.1.2018, under Sections 457, 380 411, 201 and 34 of IPC, registered at PS Sadar, Mandi, District Mandi, HP.

2. Sequel to order dated 14.5.2018 passed by this Court, ASI Lachhmi Singh, P.S. Sadar, Mandi, District Mandi, H.P., has come present in Court alongwith record of the case. Record perused and returned. Mr. Amit Dhumal, learned Deputy Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency

3. Close scrutiny of record/status report reveals that aforesaid FIR came to be lodged at the behest of the complainant namely Roshan Lal, who alleged that on 27.1.2018, some unknown persons after having broken lock of his house, committed theft of jewelry and cash lying in his house. On the basis of the complainant lodged by the Roshan Lal, police carried out investigation, however, person namely Ghanshyam on the persuasion of his friend namely Rahul surrendered before the police on 14.3.2018 and confessed that he alongwith present bail petitioner Bhim Singh had committed theft in the house of the complainant. On the basis of information provided by Ghanshayam, present bail petitioner came to be arrested on 14.3.2018. As per investigation, all the articles alleged to be stolen from the house of the complainant stand recovered. Coaccused namely Ghanshayam and Ajay Kumar have been already enlarged on bail.

4. Learned Deputy Advocate General, on the instructions of Investigating Officer, who is present in Court, while fairly admitting that investigation in the case is almost complete and nothing is required to be recovered from the bail petitioner, contended that keeping in view the past record of the present bail petitioner, he does not deserve to be enlarged on bail, rather needs to be dealt with severely. Mr. Dhumal, learned Deputy Advocate General, while referring to the record/status report contended that as many as four cases stand registered against the bail petitioner and as such, prayer having been made by him for grant of bail deserves to be rejected. Lastly, learned Deputy Advocate General, contended that in the event of petitioner''s being enlarged on bail, there is every possibility of his fleeing from justice and it would be very difficult to secure his presence.

5. Mr. G.R.Palsra, Advocate, representing the petitioner, contended that since investigation is complete and nothing is required to be recovered from the bail petitioner, petitioner deserves to be enlarged on bail. He further contended that co-accused namely Ajay Kumar and Ghanshayam, have been also enlarged on bail. While responding to submissions having been made by the learnedDeputy Advocate General with regard to previous cases lodged against the petitioner, Mr. Palsra, contended that bail cannot be denied on account of pendency of cases against the bail petitioner because guilt, if any, of him in those cases is yet to be proved in accordance with law by the investigating agency. Lastly, Mr. Palsra, contended that apprehension expressed by the respondentState can be met by putting the petitioner to stringent conditions while granting bail.

6. I have heard the learned counsel for the parties and gone through the record of the case.

7. Record of investigation clearly suggests that investigation is complete and nothing is required to be recovered from the bail petitioner. It also emerges from the record that other co-accused namely Ghanshyam and Ajay Kumar stand already enlarged on bail. It has been clearly admitted by the learned Deputy Advocate General, under instructions, that entire stolen property stands recovered and at present nothing is required to be recovered from the bail petitioner Record further reveals that challan stands filed in the competent Court of law. True, it is that a