Madan Manjhi vs State Of Himachal Pradesh

@JUDGEMENT- JUDGEMENT

Bipin Chander Negi, J

By way of instant petition, filed under Section 439 of the Criminal Procedure Code, the petitioner is seeking bail in case FIR No. 151/2023, dated 29.08.2023, registered at Police Station Dehra, District Kangra, H.P., under Sections 307, 382 and 201 of the Indian Penal Code.

The prosecution story, in brief, is that on 29.08.2023, one Krishan Lal, Director M/s Steelking Enterprises (P) Limited, had reported that at 8:30 a.m., when one Mr. Rahul, Supervisor of the Company reached the Factor, he reported that the Chowkidar, i.e., the present petitioner (Madan Manjhi), was not opening the gate. In the facts and attending circumstances, the complainant had asked the Supervisor, i.e., Mr. Rahul to scale the wall and open the gate from inside.

On opening the gate, it was found that an unknown lady was lying in the room of the petitioner in a serious condition. The petitioner, despite being the Chowkidar of the Factory was not present at the site. On checking the Cameras, it was found that the unknown lady had entered the Factory premises with the petitioner at about 7:18 p.m., on 28.08.2023. Thereafter, at about 8:00 p.m., the petitioner could be seen running from the Factory premises. The complainant had noticed rashes on the neck of the unknown lady. From the same, according to the complainant, it could be presumed that the petitioner had tried to strangulate the unknown lady.

During investigation, the CCTV footage was taken into custody. Initially from the Tower location, the petitioner was found to be somewhere in District Sarang in Bihar. The statement of the victim was recorded on 17. 09.2023. On 25.09.2023, statement of the complainant was recorded under Section 161 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Dehra. The medical record of the victim was also taken into custody.

The petitioner was arrested on 22.09.2023 from Kolahpur in Maharashtra. The arrest had been made on the basis of information provided by the sister and paternal uncle of the petitioner. Post arrest, the petitioner was brought back and produced before the Additional Chief Judicial Magistrate, Dehra.

While in custody, the petitioner disclosed the location where he had hidden the Dupatta, by which, it is alleged that he had strangulated the victim. The spot where the sim card of the petitioner was disposed was disclosed by the petitioner. Thereafter, all other codal formalities with respect to the investigation were got conducted by the Police. The Challan was presented before the Court on 20.11.2023. Previous bail applications filed before the trial Court have been dismissed vide judgment dated 20.11.2023 and 20.01.2024.

Heard learned counsel for the parties and perused the status report.

Investigation in the case at hand is complete. Challan stands filed on 20. 11.2023. The petitioner is in custody since 22.09.2023. The objection of bail is to secure appearance of the accused at his trial by reasonable amount of bail. Every man is deemed to be innocent until duly tried and found guilty.

In the case at hand, trial is still to commence. The same may take substantive long time to conclude. The complicity of the petitioner is yet to be established on record. No fruitful purpose would be served by keeping him behind bars for an unlimited period. The prosecution has failed to produce any material on record to suggest that the petitioner will tamper with the prosecution evidence or will abscond and flee from justice, if enlarged on bail.

Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No. 151/23, dated 29.08.2023, registered at Police Station, Dehra, District Kangra, H.P., under Sections 307, 382 and 201 of the Indian Penal Code, shall be forthwith released on bail, subject to his furnishing personal bonds to the tune of Rs. 50,000/- (Rupees fifty thousand), with one local surety of district Kangra in the like amount, to the satisfaction of learned Trial Court. This bail order is subject, however, to the following conditions:-

(i) that the petitioner will appear before the Court and the Investigating Officer whenever required ;

(ii) that he will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing any facts to the Court or the police;

(iii) that he will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorise them in any manner;

(iv) that he will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case.

(v) that he will not leave India without prior permission of the Court

Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioners.

Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein.

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

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

The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail, Dharamshala 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 the order presented to it, same may be ascertained from the official website of this Court.