The court granted bail based on the completion of investigation, lack of evidence for custodial interrogation, and absence of convictions in previous cases.

JUDGMENT :

Virender Singh, J.

1. Applicant Salam Deen has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 115 of 2024, dated 13.9.2024, registered under Sections 305, 331 (4), 238, 3(5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Amb, District Una, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has nothing to do with the offence, for which, he has been arrested by the Police.

3. According to the applicant, Police has no cogent and convincing evidence to connect the applicant with crime in question, as FIR is stated to have been lodged, by the Police in connivance with the complainant.

4. According to the applicant, incident had taken place way back, in the month of July, 2024, but, thereafter, neither the complainant nor the Police took any steps for the registration of the FIR.

5. The applicant has further pleaded that investigation, in the present case is complete and charge sheet has been filed, in the competent court of law.

6. The applicant has given the details of the cases, except the FIR in question, registered against him, which are reproduced as under:

i) FIR No. 238/2023, dated 5.10.2003, u/s 307, 353, 336, 332, 147, 148, 506 IPC, with Police Station, Bari Brahmna, District Samba, Jammu & Kashmir.

ii) FIR No. 263/23, dated 19.11.2023, under Sections 224, 382 IPC, with Police Station Bari Brahmna, District Samba, Jammu & Kashmir.

iii) FIR No. 263 of 2023, dated 19.11.2023, under Sections 341, 355, 504, 506 and 34 IPC, P.S. Sarkaghat, District Mandi, H.P.

iv) FIR No. 95 of 2024, dated 16.9.2024, u/s 331(4), 305 (a) of BNS, P.S. Gagret, District Una, H.P.

7. Applicant has tried his luck by moving similar application before the Court of learned Judicial Magistrate, First Class, Court No. 2, Amb, Distt. Una, H.P., however, the same has been dismissed, on 18.12.2024.

8. After filing charge-sheet, he has again moved the application, before the Court of learned JMFC-II, Amb, District Una, H.P., however, the same was dismissed on 13.2.2025. Thereafter, the applicant has tried his luck by moving another bail application No. 82 of 2005, before the Court of learned Addl. Sessions Judge-I, Una, District Una, H.P. However, the same was also dismissed, on 17.3.2025.

9. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail.

10. On these submissions, a prayer has been made to allow the bail application.

11.1. When, put to notice, the Police has filed status report, disclosing therein that on 13.9.2024, complainant Satish Kumar appeared before the Police and moved a complaint, disclosing therein, that he is resident of Kashipur. He has stated that he has constructed a new house and his old house is consisting of one room. In the old house, he had kept two almirahs, one bag and one settee. The complainant is stated to be in business of selling mobile phones. In the said Almirahs, he had kept golden and silver ornaments of his wife. He has mentioned the weight of the ornaments to be 77 grams Gold and 100 grams silver. Cash of Rs. 1,00,000/- is also stated to have been kept, in the Almirah.

11.2 According to the complainant, on 10.9.2024, he, alongwith his family, had slept in their new house and on 11.9.2024, when, he went to his old house, then, he noticed that the lock was not there in the room, and when, he entered the room, he noticed that someone had broken the lock and stolen the ornaments, as well as, cash. As such, he has prayed that action be taken, in this regard.

11.3 On the basis of above, the Police registered FIR under Sections 305, 331 (4), 238 and 3(5) of the BNS and criminal machinery swung into motion.

11.4 During investigation, HC Ranjeev visite