Chandan Kumar Sinha vs State Of Himachal Pradesh And Another

Bipin Chander Negi, J

By way of instant petition, filed under Section 439 of the Criminal Procedure Code, the petitioner is seeking bail in a Private Criminal Complaint No.900364/2015 titled Amar Chand Thakur vs. Chandan Kumar Sinha and another filed under Sections 405, 406 read with Section 420 of the Indian Penal Code.

Heard learned counsel for the parties and perused the pleadings.

The brief facts giving rise the present case are that respondent No.2/complainant, in the case at hand, had filed a Private Criminal Complaint before the learned Additional Chief Judicial Magistrate, Court No.2, Shimla. The said complaint was filed under Sections 405, 406 read with Section 420 of the Indian Penal Code. The complaint was registered with registration No.900364/2015. In the said Private Criminal Complaint, the present petitioner was the accused.

The present petitioner had last appeared in the said Private Criminal Complaint before the Trial Court in August, 2021. Thereafter, on account of the retirement of his father, who was serving at Shimla, the family of the petitioner moved to Patiala. At Patiala, the petitioner got a job in a private company. During his stay at Patiala, the petitioner met with an accident in June, 2022, on account of which he was hospitalized.

After August, 2021, when the petitioner had last appeared before the Trial Court in the Private Criminal Complaint filed against him, the petitioner did not keep track of the proceedings in the said Criminal Complaint. As a consequence whereof, proceedings under Section 82 of the Code of Criminal Procedure for declaring the present petitioner as a Proclaimed Offender, were initiated. On coming to know of the same, the petitioner had rushed to Shimla and filed a bail application on 07.02.2024 before the Court of learned Additional Chief Judicial Magistrate (Court No.3), Shimla, which was registered as Bail Application No.64/2024. The said application was dismissed vide order dated 09.02.2024 appended along with the present petition as Annexure A-2.

Subsequent thereto, the petitioner moved a fresh bail application under Section 439 of the Code of Criminal Procedure on 14.02.2024 before the learned Additional Sessions Judge, Shimla. The same was dismissed vide order dated 07.03.2024.

It is in the aforesaid backdrop that the present bail application has been filed by the petitioner. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. An un-convicted person is to be kept in custody if in case “necessity demands” . Necessity is the operative test.

The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative.

Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family.

Petitioner is a permanent resident of Village Chuharpur Kalan, Post Office, Wazidpur, District Patiala (Punjab). The respondent-State has not expressed any apprehension regarding him fleeing from the course of justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial.

Both the Courts below, while dismissing the bail applications filed by the present petitioner, have expressed a fear with respect to securing the presence of the petitioner during trial. The said apprehension as expressed can be given rest by imposing conditions on the bail petitioner in terms of personal and local surety bonds.

Keeping in view the aforesaid facts and attending circumstances of the case, the application is allowed and the petitioner is ordered to be released on bail in Private Criminal Complaint No.900364/2015 titled Amar Chand Thakur vs. Chandan Kumar Sinha and another filed under Sections 405, 406 read with Section 420 of the Indian Penal Code, subject to his furnishing personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand), with one local surety and surety of his father-in-law, Shri Satya Narayan Prasad Sinha in the like amount, to the satisfaction of learned Trial Court. This bail order is subject, however, to the following conditions:-

(i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reasons to do so, seek exemption from appearance by filing appropriate application;

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any.”

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

A copy of this order be sent to the Superintendent, Sub Jail, Kaithu, District Shimla, Himachal Pradesh and the learned trial Court by FASTER.

A downloaded copy of this order shall be accepted by the learned trial Court, while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of order presented to it, the same may be ascertained from the official website.