AVNEESH JHINGAN, J.
1. Due to COVID-19 situation, the Court is convened through video conference.
2. This petition under Section 439 Cr.P.C. is filed seeking regular bail in case of FIR No.67 dated 8.6.2020, under Sections 457, 380 IPC, registered at Police Station Makhu, District Ferozepur.
3. Employee of Malwa Liquor Company got registered FIR regarding the theft in liquor shop. During investigation of FIR No. 195 of 2020 statement of Goldy was recorded, wherein he confessed his involvement in the theft and named four accused including the petitioner. No recovery of stolen article was made from the petitioner.
4. Learned counsel for the petitioner submits that it is a case of false implication due to his involvment in other cases. The petitioner was nominated on the basis of disclosure statement. No recovery is to be made from the petitioner. Petitioner is in custody since 1.2.2022.
5. Learned State counsel on instructions from ASI Zilmil submits that the petitioner was leading a gang which committed theft. Learned State counsel on instructions from ASI Zilmil submits that no stolen article was recovered from the petitioner.
6. Without commenting upon the merits of the case, considering that the name of petitioner surfaced in disclosure statement, no stolen article was recovered from him, though the investigation is complete but conclusion of trial is likely to take time, bail is granted to the petitioner on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
7. The petition is allowed.
8. It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.