Harnek Singh vs State Of H.P

Virender Singh, J

Applicant-Harnek Singh has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’), for releasing him on bail, during the pendency of trial, in case FIR No. 162 of 2023, dated 7th May, 2023, registered with Police Station Sadar Una, District Una, H.P., under Sections 382, 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’).

According to the applicant, he has falsely been implicated, in this case, as, he has nothing to do with the offences, for which, he has been arrested by the police.

According to the applicant, the investigation in the present case, is almost complete and no useful purpose would be served by keeping him in the judicial custody.

Asserting his young age, it is the case of the applicant that he is ready to abide by the conditions to be imposed by this Court, in case ordered to be released on bail.

The applicant has earlier tried his luck by moving applications, firstly, before the learned JMFC, Court No.III, Una, H.P. and thereafter before the learned Additional Sessions Judge-I, Una, District Una, H.P. However, his bail applications have been dismissed vide order dated 25.05.2023, as well as, 28.07.2023.

Apart from this, number of undertakings have also been given on behalf of the applicant, for which, the applicant is ready to abide by, in case, released on bail, during the pendency of the trial.

On the basis of above facts, Mr. Lakshay Parihar, learned counsel appearing for the applicant has prayed that during the pendency of the trial, the applicant may kindly be released on bail.

When put to notice, the police has filed the status report disclosing therein that on 07.05.2023, Smt. Anju r/o Kotla Kalan, informed on telephone, that some person had taken her articles near Baba Bal Ji gate at Kotla Kalan. On this information, police party went to the spot, where, complainant Pushpa Devi made a statement that on 07.05.2023 at about 7.00 pm, she was going on foot near Baba Bal Ji Temple. When, she reached near house of Santosh Saini, a white coloured reached there, on which, two young men were riding. The pillion rider came down from the scooty and snatched her gold earrings and then, again sat on scooty and ran away towards takka road. On this information, case under Sections 382, 34 IPC was registered.

The police, during investigation, by perusing CCTV footage, had identified scooty No.PB16F8739, which was found to be in the name of one Amandeep Kaur. On enquiry, it was found that on 07.05.2023 scooty was with applicant Harnek Singh and other co-accused Gurprasad was also with him. Both are addicted to heroin. As such, applicant was arrested.

9.1. Subsequent to the statement of co-accused Gurprasad, under Section 27 of Indian Evidence Act, accused Gurprasad got recovered the stolen gold earring below a brick. During investigation it was discovered that applicant Harnek Singh snatched gold earrings of complainant and one of them had fallen down but no such gold earring was recovered from the spot.

9.2. It is further case of the police that against the applicant, a case under Sections 379-B and 411 IPC has been registered, vide FIR No. 7 of 2023, dated 11.01.2023, with Police Station, Kiratpur Sahib.

9.3. It has further been averred in the status report that the applicant is addicted of consuming heroin and in order to purchase the drug, he requires money and in case, he is released on bail, he may again indulge in the similar activity. It has also been apprehended that in case the applicant is released on bail, he may coerce the witnesses.

On the basis of above facts, a prayer has been made to dismiss the bail application.

Heard.

Registration of case against the applicant has no impediment to release the applicant on bail, in case, he is otherwise found entitled for the said relief. Registration of FIR does not take away the presumption of innocence, which is still available to the applicant. The applicant is young man of 20 years and if he is kept in judicial custody, that too, in the company of hardened criminals, then, certainly the said fact would affect his future.

So far as the other apprehensions, which have been expressed in the status report and argued by learned Deputy Advocate General during the course of arguments are concerned, for those apprehensions, strict conditions can be imposed.

The investigation, in the present case, is almost complete. Considering the said fact, no useful purpose would be served by keeping the applicant in custody, that too, for indefinite period. The chances of commencement and conclusion of trial in near future are not so bright. Even otherwise, bail application cannot be rejected as a matter of punishment, as pre-trial punishment is prohibited under the law.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

The applicant is ordered to be released on bail in case FIR No. 162 of 2023, dated 7th May, 2023, registered with Police Station Sadar Una, District Una, H.P., under Sections 382, 201 read with Section 34 of IPC, on his furnishing personal bail bond, in the sum of Rs. 50,000/-, with two sureties, out of which, one surety shall be local, of the like amount, to the satisfaction of learned JMFC, Una. This order, however, shall be subject to the following conditions:

a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) He shall not leave the territory of India without the prior permission of the Court.

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Una through e-mail, with a direction to enter the date of grant of bail in the e-prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Una is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent of Jail, Una is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.