Amlesh Singh vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is accused in a case registered vide FIR No. 125 of 2021, dated 11.06.2021, registered at Police Station Baddi, District Solan, H.P., under Section 420 of Indian Penal Code. Petitioner was arrested on 10.08.2021 and is in judicial custody till date.

Petitioner is seeking his release on bail in the above noted case on the ground that he has been falsely implicated, the investigation of the case is already complete and nothing is to be recovered from him and he is not having any past criminal history. He has undertaken not to tamper with the prosecution evidence and he is ready and willing to abide by all the conditions as may be imposed against him.

According to the petitioner, he belongs to a respectable family and own movable and immovable property. There is no likelihood of his absconding from the course of justice.

On notice, respondent/State has submitted the status report. As per the case of respondent, a case was registered vide FIR No. 125 of 2021 on 11.06.2021 at Police Station Baddi on the written complaint of Archana, Wife of Sh. Ravish Bhardwaj. Her allegations were that she was duped of Rs.7,26,000/­ through online fraud committed upon her. On investigation, some foreign nationals from Nigeria were found involved in the offence in conspiracy with a person named Rohit Thakur and a female named Reeta. It also got revealed during investigation that the petitioner had provided fake SIM Cards to other accused persons in the case. Petitioner was arrested on 10.8.2021 and was interrogated, who allegedly disclosed the modus­operandi through which he used to provide fake SIM Cards to certain Nigerians as well as local persons.

I have heard learned counsel for the petitioner and also learned Additional Advocate General for the respondent/State and have also gone through the contents of the status report as well as the record of the investigation.

The investigation of the case is already complete and challan has been filed in the Court of competent jurisdiction.

It is revealed from the record that petitioner used to work as a retail seller of SIM Cards. The allegations against him are that petitioner sold SIM Card against fake identities and one of such SIM Card was found to have been used in the crime investigated by police in the instant case. It appears that the petitioner has been implicated in the case only on the basis of statements of co­accused. Even after the arrest of petitioner, no independent corroborative evidence appears to have been collected by investigation agency against the petitioner. The police has acted against the accused on the basis of alleged disclosure made by the petitioner while in custody, which has no evidentiary value.

As noticed above, the investigation of the case is already complete. It does not appear to be an allegation against the petitioner that he was privy to the designs of other co­accused and had sold the SIM Cards to them in furtherance thereof.

Petitioner is permanent resident of Village Galimar, Post Office Parasgarh, Thana Ikona, District Saran (Bihar). He is ready and willing to face trial on such terms and conditions as may be imposed against him. In the given facts and circumstances, no fruitful purpose will be served by keeping the petitioner in judicial custody till the conclusion of the trial, which is likely to take some time. Pre­trial incarceration of the petitioner, in the facts of the case, will amount to unjustified fetters on his right to liberty.

This Court is concerned that the release of the petitioner on bail may not prejudice the trial of the case in any manner. This, however, can be secured by imposing stringent conditions upon the petitioner while releasing him on bail. The petitioner is having permanent residence and also has a family, which in all probabilities, shall deter him from fleeing from the course of justice.

In the peculiar facts of the case, this petition is allowed. The petitioner is ordered to be released on bail in case FIR No. 125 of 2021, dated 11.06.2021, registered at Police Station Baddi, District Solan, H.P., under Section 420 of Indian Penal Code, on his furnishing personal bond in the sum of Rs. 50,000/­ with one surety in the like amount to the satisfaction of the learned Trial Court. This order is subject to following conditions :­

i) Petitioner shall not tamper with the prosecution evidence, in any manner.

ii) Petitioner shall regularly ensure his presence before the trial Court on each and every hearing of the trial till its conclusion except in cases of extreme urgency.

iii) Petitioner shall not leave the country without express leave of learned trial court till the conclusion of the trial.

iv) Petitioner shall 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 from disclosing such facts to the Court or to any Police Officer.

Expression of any opinion rendered herein above shall be construed only in reference to disposal of this petition and shall have no effect whatsoever on the merits of the case to be tried by the learned trial court. The application stands disposed of.

Copy Dasti.