Bablu Singh vs State of Himachal Pradesh

It is the case of prosecution that on 14.02.2017, police party intercepted a Car bearing No.HP-18B-2017, in which co-accused Ramesh Chand and Virender Kumar were sitting. From the said vehicle, two boxes of country made liquor (Malta) were recovered. The accused appellant Bablu Singh, was found driving a scooter bearing No.HP-17-6980, immediately behind the car. Suspecting that he is part of the same gang, when police tried to apprehend, leaving the scooter behind, he fled away from the spot. However, from the scooter, police recovered one bag containing 32 bottles of country made liquor (Santra Bajni), which was meant for sale only in the State of Haryana. Consequently, FIR No.20/2017, dated 14.02.2017, came to be registered at Police Station, Sadar Nahan, District Sirmaur, H.P., against all the accused under the provisions of Section 39(1) of the Himachal Pradesh Excise Act, 2011.

It is a matter of record that co-accused Ramesh Chand and Virender Kumar, who were found sitting in the Car, already stand enlarged on bail. The present accused, who was later on apprehended stands arrested on 15.02.2017.

It stands clarified that it is not a bailable offence for the liquor allegedly recovered from the scooter was neither manufactured nor supposed to be kept in the warehouse in the State of Himachal Pradesh.

Learned Additional Advocate General, under instructions, states that investigation is in progress and the petitioner has fully cooperated. Custodial interrogation of the petitioner is not required.

The principle for grant of bail is now well settled. The normal rule is bail and not jail. But then, while granting bail, Court has to keep in mind the nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations.

Apex Court in Prasanta Kumar Sarkar versus Ashis Chatterjee and another, (2010) 14 SCC 496, has laid down the following principles to be kept in mind, while deciding petition for bail:

(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) nature and gravity of the accusation;

(iii) severity of the punishment in the event of conviction;

(iv) danger of the accused absconding or fleeing, if released on bail;

(v) character, behaviour, means, position and standing of the accused;

(vi) likelihood of the offence being repeated;

(vii) reasonable apprehension of the witnesses being influenced; and

(viii) danger, of course, of justice being thwarted by grant of bail.

Having holistically considered the nature of offence and the relevant attending circumstances in favour of the petitioner-accused, and also in view of the law discussed, herein above, in my considered view, it is a fit case in which petitioner should and ought to be enlarged on bail.

As such, petitioner, Bablu Singh is ordered to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the Court concerned. It is clarified that petitioner shall not tamper with the prosecution evidence, flee away from the jurisdiction of this Court, try to influence the witnesses or in any manner act and conduct himself so as to disentitle him from the discretionary power. Also, he shall always make himself available during trial. The Court is further directed to comply with the directions issued by the High Court, vide letter No.HHCVIG/ Misc. Instructions/93-IV-7139, dated 18.3.2013.

Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. Application stands disposed of.

Copy dasti.