Subhash Chand vs State Of H.P

Virender Singh, J

Applicant-Subhash Chand has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) for releasing him on bail, during the pendency of the trial, in case FIR No.21 of 2023, dated 31.05.2023, registered under Section 3, 4 and 5 of Prevention of Immoral Trafficking Act, 1956 (hereinafter referred to as ‘PITA’) and Section 370 of the Indian Penal Code (hereinafter referred to as ‘IPC’) with Women Police Station Hamirpur, Himachal Pradesh..

According to the applicant, he has falsely been implicated in this case and he has nothing to do with the offences, for which, he has been arrested by the police in this case. According to him, he is an innocent person and having a family to look after. According to him, he is the sole bread earner of the family.

The applicant has also tried his luck by moving the application under Section 439 Cr.P.C. before the Court of learned Additional Sessions Judge, Hamipur, however, his bail application bearing No.24 of 2023, has been dismissed vide order dated 13.06.2023.

On the basis of the above facts, the learned counsel appearing for the applicant, has given certain undertakings, for which, he is ready to abide by, in case, applicant is released on bail by this Court.

When put to notice, the Police filed the status report disclosing therein that on 30.05.2023, Inspector Harish Guleria, along with the police officials was on patrolling duty. When, he reached at a place, known as Dosarka near Nadaun, then, he received a secret information that one Sarla Devi resident of Ambotu has indulged in the flesh trade. She used to contact the customers on phone No.8982319000 and used to supply the girls to them.

As per the information, if raid is conducted, then, she can be arrested. The said information was found to be authenticated and reliable. It was his opinion that, in case, the search warrant is obtained, the same resulted into failure of the raid. Upon which, he has formed a team. Thereafter, one Surinder Kumar S/o Babu Ram was associated as independent witness and also associated with the raiding party. Thereafter, Inspector Harish Guleria along with police officials has reached at Nadaun and SHO Police Station, Nadaun was also apprised about this information. Independent witness Ajay Kumar and Ankush Kumar were also associated in the team. In the presence of above two witnesses, a call was made from the mobile phone of Suridner Kumar bearing mobile No.8091022551 to the phone of Sarla Devi as referred above. The phone was put on the speaker mode. Surinder Kumar has enquired about the girls for a night for him, as well as, for his friend, upon which, Sarla Devi has demanded a sum of Rs.10,000/- and directed them to come to Hotel Sonu near Manpur. Upon this, the I.O. has deputed Surinder Kumar as decoy customer along with constable Lakhan Pal as his decoy friend. The serial numbers of the currency notes were also noted by police. Those currency notes were handed over to decoy customer Surinder Kumar.

Thereafter, the team had started for Sonu Hotel. Witness-Surinder Kumar and constable-Lakhan Pal had gone there in Car bearing registration No.HP23 B-0421. All the police officials had formed two separate teams. One team was headed by Harish Guleria along with independent witness Ajay Sharma, lady constable Soni, HASI Veena Devi, HHC Rajkumari and they had gone in Car bearing registration No.HP 21B-3897 (I20), which was driven by Kuldeep Kumar. Second team was headed by ASI-Rajkumar, ASI Veena Devi, HHC Sumit Kumar, HHC Lalit Kumar along with the independent witness Ankush Kumar had gone to the spot in the vehicle No.HP 22B-0581 driven by constable-Ashish Kumar. HHC-Rajesh Kumar and lady Constable-Swaranlata was directed to be there near Hotel Sonu.

At about 10:00 PM, both the teams had taken their positions and had waited for the call of Constable Lakhan Pal. At about 10:25 PM, Constable Lakhan Pal had called IO-Harish Guleria, disclosing therein, that Sarla Devi and his driver Subhash-applicant had brought three ladies with them in Vehicle No.TO 123 HP 2736A Alto.

As per the information, Sarla Devi had demanded a sum of Rs.10,000/- for providing two girls. She has received the said amount, upon which, the policy party raided the Hotel. At the time of raid, Constable-Lakhan Pal, decoy customer - Surinder and four ladies were found there. However, driver-Subhash Chand fled away from the spot taking the benefit of darkness. Constable-Lakhan Pal had signaled towards the lady and disclosed that she is Sarla Devi, who has received a sum of Rs.10,000/- for providing two ladies, upon which, ASI-Veena Devi nabbed her. Sarla Devi was having the currency notes in her right hand, which was counted in the presence of independent witness-Ajay Sharma, which were found to be Rs.10,000/-. The serial number of those currency notes were tallied with the list prepared in police station, Nadaun. The said lady on enquiry, has disclosed her name as Sarla Devi, whereas, other three ladies had also disclosed their names.

Other codal formalities were completed and the FIR in question, was registered.

During the investigation, applicant was associated in the investigation and was arrested on 01.06.2023 at about 6:15 PM at Ambotu.

Lastly, it has been submitted that on 19.07.2023, after the completion of the investigation, challan has been submitted in the Court of learned Sessions Judge, Hamirpur.

On all these submissions, a prayer has been made to dismiss the bail application.

Heard.

The bail applicant is presently is in judicial custody. This fact clearly demonstrates that his custodial interrogation is no longer required by the Police. The role allegedly played by the applicant, in the commission of the crime, will be proved during the trial. No other criminal history of the bail applicant has been pleaded or argued by the learned Additional Advocate General during the course of arguments.

The bail application cannot be rejected as a matter of punishment as pre-trial punishment is prohibited under law. Conviction can only be inflicted after the completion of the trial. The bail applicant is permanent resident of the area falling in Police Station Jwalamukhi and, as such, there is no apprehension on the part of the Police that, in case, he is released on bail, he may not be available for trial.

The presumption of innocence is still available to the applicant and no useful purpose would be served by keeping him in judicial custody for indefinite period.

Considering all these facts, the application is allowed. The applicant is ordered to be released on bail in case FIR No.21 of 2023, dated 31.05.2023, registered under Section 3, 4 and 5 of PITA and Section 370 of the IPC with Women Police Station Hamirpur, Himachal Pradesh., subject to his furnishing personal bond in the sum of Rs.50,000/- (fifty thousand only) with one surety in the like amount, to the satisfaction of the learned JMFC, Hamirpur/CJM, Hamirpur. 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 her 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 herein above, 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 violated by the applicant

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub-Jail Hamipur, District Hamirpur, H.P. 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 Sub-Jail Hamirpur, District Hamirpur, is directed to inform this fact to the Secretary, DLSA, Hamirpur. The Superintendent of Sub-Jail Hamirpur, District Hamirpur, is further directed that if the applicant fail 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.