JUDGMENT : CHANDER BHUSAN BAROWALIA, J. 1. The matter is taken up through video conference. 2. The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 206 of 2018, dated 13.08.2018, under Sections 452, 396, 307, 323, 324, 326, 212, 412, 201 and 120B IPC, registered in Police Station Nalagarh, District Solan, H.P. 3. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. 4. Police report stands filed. As per the prosecution story, on 13.08.2018 police were informed telephonically from CHC, Nalagarh, that some injured persons, who sustained injuries in a brawl, have been brought come for medical treatment. Police visited the CHC and found persons, namely, Shri Bhagat Ram Saini, Smt. Navjot Saini and Shri Gaurav Saini, under treatment. Police recorded the statement of injured Shri Gaurav Saini (complainant) under Section 154 Cr.P.C. He stated that he is a student of MBA and his younger sister is a student of NIT, Hamirpur, and she resides in Hamirpur. He has further stated that his parents run a school known as Shivalik Science Senior Secondary School and they have residential accommodation in a part of the building of the school. On the night of 12.08.2018, when they were sleeping, around 3/3:30 a.m., he heard yelling of his parents, resultantly he woke up, and saw 4-5 persons, who draped their faces with clothes, pointing pistol at his parents and they have caught hold of them. He was also tied by them and his face was muffled with a piece of cloth. A person, who pointed pistol on him, kept a vigil on him and rest of the persons started searching the room. They took his silver bracelet, gold chain and mobile phone. He was also tied by them and his face was muffled with a piece of cloth. A person, who pointed pistol on him, kept a vigil on him and rest of the persons started searching the room. They took his silver bracelet, gold chain and mobile phone. The complainant has further stated that these persons went to the room of his father and asked for money and when his parents asked as to why they are doing so, they inflicted injuries on them with sharp edged weapons and ultimately managed to take his mobile phone, bracelet, gold chain and coins and other valuable articles. Thereafter, the complainant, while sitting, dragged himself and reached the upper floor and managed to wake up Shri Kapil Thakur and Shri Tarsem, who work in their staff. Shri Kapil Thakur and Shri Tarsem untied him and then he divulged the occurrence to them. Thereafter, they went inside the rooms of his parents and saw them lying injured in a pool of blood. The parents of the complainant were rushed to CHC, Nalagarh and police were informed. As per the complainant, his father was referred to PGI, Chandigarh, and his father was declared dead. Upon the statement of the complainant, police registered a case and the investigation commenced. Police visited the spot, prepared the spot map and clicked photographs. Postmortem was conducted on the dead body of the deceased and the dead body was sent to IGMC, Shimla, for expert forensic opinion and it was opined that the deceased died as a result of gross hemorrhagic shock as a result of multiple injuries to head. A forensic team visited the spot to collect scientific samples. Forensic team collected numerous scientific evidences. Police recorded the statements of the witnesses and recovered some valuable articles, including cash from the room of the deceased. During the course of investigation, the CCTV footage of the CCTV camera, installed on the first floor of school building revealed that on 13.08.2018, at about 01:40 a.m., the accused persons reached there, through scooty, and at about 02:15 a.m. they cut opened the lock of the gate. At about 05:02 a.m. three accused persons were spotted going out with the goods and at about 05:15 a.m. rest of the two accused persons were seen going out. At about 05:02 a.m. three accused persons were spotted going out with the goods and at about 05:15 a.m. rest of the two accused persons were seen going out. Police also analyzed the dump data of Airtel Telecome Company and found that both the teams of the accused persons were in contact with each other. Police managed to zero down the mobile numbers which were active at the relevant time there and through them calls were made and received. Ultimately, mobile No. 8427347078, which was in operation at the time of the occurrence was last found active on 12.08.2018 and its location was found at Khera, which was within the area of Kharuni, i.e., the place of occurrence. On the basis of analysis of mobile dump data, and police records one Gurdev Singh was called by the police for interrogation. During interrogation, he divulged that accused Gurminder Singh, Harpreet @ Happy (petitioner herein) alongwith his friends, prior to the occurrence were made to stay in a gym by him and thereafter he, in his own vehicle, took them out of Nalagarh after the occurrence. On 18.08.2018 Jaswinder Singh @ Goldy was arrested and divulged that he accompanied the petitioner, accused Gurminder Singh and Gurdev Singh in a car and they purchased a gas cylinder and a gas cutter. Thereafter, they met a sardar, who also accompanied them. When they reached near the resident of the complainant, Narender Singh pointed out to Gurminder Singh the residence of the Principal and then they were taken behind the school and exit was shown to them. Narender told to abort the plan as they were less in number, so he went to his home. Thereafter, accused Gurdev Singh took the petitioner and Gurminder Singh to a gym, where they stayed and accused Gurdev left to his home. On the subsequent day, the petitioner called one Raju and asked for more men and at about 5:30 p.m. three more persons came and one of them was being called as Raju by the petitioner. They had dinner and at about 11:30 p.m. went towards Baddi in an Indica car, scooty and motor cycles. En route, accused Gurminder parked the car and after taking out items from it, he sat on the motor cycle. Thereafter, they reached Kharuni Shivalik Science School. They had dinner and at about 11:30 p.m. went towards Baddi in an Indica car, scooty and motor cycles. En route, accused Gurminder parked the car and after taking out items from it, he sat on the motor cycle. Thereafter, they reached Kharuni Shivalik Science School. Co-accused Jaswinder Singh further disclosed that when he asked petitioner, he told that they will commit theft in Shivalik School and when he refrained, he was threatened and asked to keep a vigil on the road. As per accused Jaswinder, thereafter, the petitioner, Gurminder Singh, Raju, Chinda and Gurdev Singh surreptitiously went inside the premises and committed the crime and thereafter fled. Accused Jaswinder Singh remained in a rain shelter, as it was raining and afterwards came, on foot, to a junction from where road diverts to Chandigarh. He telephoned Mandeep and asked to come and take him on motorcycle, but he refused. Police arrested accused Raju Singh on 19.08.2018 and accused Gurdaas Singh @ Pappu on 20.08.2018. On 22.08.2018, accused Amandeep Singh @ Chinda made a disclosure statement to the police and got identified the jungle/bushes and a stone, under which, in a handkerchief, something was kept. On checking, the handkerchief Rs. 1,50,000/- was recovered. On 22.08.2018 accused Raju Singh made disclosure statement and got recovered Rs. 1,72,740/ from his accommodation. Likewise, accused Gurdaas Singh got recovered Rs. 1,65,000/-. Police prepared the spot maps of all the places of recovery and recorded the statements of the witnesses. On 23.08.2018 accused Amandeep Singh @ Chinda made a disclosure statement and got recovered a bag, which contained clothes. In addition to this accused persons got recovered various other articles allegedly used in the commission of the offence. They got recovered the vehicles allegedly used in the commission of the offence. On 01.09.2018 accused Gurwinder Singh made a disclosure statement and got recovered Rs. 15,960/-. On 02.09.2018 accused Gurminder Singh made a disclosure statement and got recovered a gas cylinder, regulator, pipe (rubber), a gas cutter, three pistols and a darat. All these articles were taken into possession by the police and the spot maps of the places of recovery were prepared. Accused Gurminder and the petitioner disclosed that when they went to Goa with their wives, they gave the bag containing cash and ornaments to Ravinder Kaur. All these articles were taken into possession by the police and the spot maps of the places of recovery were prepared. Accused Gurminder and the petitioner disclosed that when they went to Goa with their wives, they gave the bag containing cash and ornaments to Ravinder Kaur. When she was inquired about the said bag, she disclosed that when the police raided her premises she put the same in a baadaa (cow barn) and now it has been stolen. Thus, a case under Section 412 IPC was registered against accused Ravinder Kaur. Later on, accused Ravinder Kaur got her statement recorded under Section 27 of the Indian Evidence Act and disclosed that out of the bag she had hidden some money, which she could get recovered. Accused Ravinder Kuar got recovered a polythene bag, which contained Rs.1,38,000/-. As per the medical examination of the injured Smt. Navjot Kaur (mother of the complainant), injuries sustained by her are life threatening. As per the police, accused Ravinder Kuar intentionally kept the bag containing stolen articles with her. During the course of investigation, it was unearthed that the petitioner is one of the main accused in the alleged commission of the crime and he played a vital role in the same. As per the investigation of the police, the petitioner, alongwith accused Gurminder Singh and Gurdev Singh, in vehicle, having registration No. HP12G-7393, went to Mohali, Chandigarh, for procuring gas cutter and gas cylinder, which were purportedly used in the commission of the offence. The petitioner is the main accused and he alongwith other accused persons, after committing the crime, fled away from the spot. Call records also show and portray the active role played by the petitioner in the commission of the crime. As per the police, challan stands presented in the learned Trial Court. There is anger in the local area qua this crime. Lastly, it is prayed that keeping in view the seriousness of the crime, the manner in which the crime was perpetrated and also the fact that there is anger in the society qua the crime and in the case the petitioner at this stage is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, the present bail application be dismissed. 5. 5. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 6. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially considering his role in the alleged offence. He has argued that the petitioner was not involved in the alleged offences at all, so, in view of the facts and circumstances of the case, the petition may be allowed and the petitioner may be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner had played an active role in the commission of heinous crime. He has further argued that all the accused persons, including the petitioner, with prior concert committed heinous crime and now in case the petitioner, at this stage, is enlarged on bail, there is likelihood that either he may flee from justice or tamper with the prosecution evidence, as he is resident of Punjab. Lastly, it is prayed that the bail application of the petitioner may be dismissed. 7. In rebuttal the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, so the application be allowed and the petitioner be enlarged on bail. 8. Lastly, it is prayed that the bail application of the petitioner may be dismissed. 7. In rebuttal the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, so the application be allowed and the petitioner be enlarged on bail. 8. At this stage, considering the active role played by the petitioner in the commission of the crime, considering the fact that it has come in the police investigation that the petitioner was instrumental in managing the paraphernalia for commission of the crime, considering the gravity and heinousness of the alleged offences, the fact that the petitioner is in position to tamper with the prosecution evidence and also in a position to flee from justice, in case the petitioner is enlarged on bail, he may influence the trial, which is at a crucial stage and also considering the overall material, which has come on record, and without discussing the same at this stage, this Court finds that the present is not a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the petition, which sans merits, deserves dismissal and is accordingly dismissed. 9. Needless to say that the observations made hereinabove are only confined for the adjudication of the present matter and shall have no bearing, whatsoever, on the merits of the main case, which shall be adjudicated on its own.