Devender Kumar vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition, filed under Section 439 of the Code of Criminal Procedure Code, a prayer has been made for release of the petitioner on

bail, in case F.I.R. No.33 of 2021, dated 11.04.2021, registered against him at Police Station Parwanoo, District Solan, H.P., under Section 13 (2) of

Prevention of Corruption Act, 1988 and Sections 420, 465, 467, 468, 471, 120 (B) of the Indian Penal Code and Section 39 (1) (A) of the H.P. Excise

Act, 2011.

As per the prosecution, a police party headed by Inspector Daya Ram, SHO Police Staiton Parwanoo, District Solan, H.P. left for routine excise

duty and patrolling, on 10.04.2021, towards Parwanoo-Kasauli Road, accompanied by other police officials. At around 1:30 a.m., while patrolling near

Microtac Factory, at a Railway Crossing, they received a secret and reliable information that huge quantity of country liquor was being illegally

transported in a Truck bearing registration No. HP 64A-3007, from KM Distillery Private Limited, Plot No.25, Sector-5, Parwanoo, Tehsil Kasauli,

District Solan, H.P. On the basis of this information, the police party intercepted the truck in issue. The same was loaded with 750 boxes of country

liquor ‘Himachal Orange’. Each box was containing 12 glass bottles of 750 ml. each. As the driver and the conductor of the truck could not

produce relevant documents/ permit etc. with regard to transportation of the country liquor, it was apprehended that the liquor was being transported

illegally in violation of the provisions of Himachal Pradesh Excise Act, which led to the registration of the FIR in issue. The police also found that

holograms affixed on the country liquor bottles were issued fraudulently by the present petitioner. It is on these basis, the petitioner was arrested on

11.04.2021 and he is still stated to be in custody.

Learned counsel for the petitioner has submitted that the petitioner is innocent and is not guilty of the offences alleged against him. He has further

submitted that since 14.04.2021, the petitioner is in judicial custody, which implies that no recovery etc. is to be affected from him. He has further

submitted that the investigation carried out otherwise also does not points out involvement of the petitioner qua the offences alleged to have been

committed by him. He further submitted that the petitioner is a responsible citizen with no previous criminal history and in these circumstances, no

fruitful purpose is going to be solved by keeping him in custody and he be released on bail on such conditions as the Court deems fit.

Opposing the bail petition, learned Additional Advocate General has submitted that taking into consideration the gravity of the offences alleged

against the petitioner, which has caused revenue loss to the State, the petitioner does not deserves to be released on bail and further if released on bail,

there is each and every possibility that taking advantage of his position, he may try to win over the witnesses and also try to influence the investigation.

I have heard learned counsel for the parties and have also gone through the documents appended with the petition as well as the status report filed

by the State.

There is no doubt that the offences alleged against the petitioner are grave, but whether or not, the petitioner is guilty, is a matter of trial. Keeping in

view the fact that the petitioner is in judicial custody since 14.04.2021, it appears that now no recovery etc. has to be effected from the petitioner and

in the considered view of this Court, no fruitful purpose is going to be achieved by detaining the petitioner in custody. As far as apprehension

expressed by learned Additional Advocate General that if released on bail, the petitioner may try to tinker with the evidence or create hindrance in the

course of investigation are concerned, the same will be taken care of by the Court by imposing conditions upon the petitioner and by granting liberty to

the State to approach this Court for cancellation of the bail, in case the petitioner violates any of the conditions to be imposed upon him.

Accordingly, this petition is allowed and the petitioner is ordered to be released on bail, as prayed for, in case F.I.R. No. 33 of 2021, dated

11.04.2021, registered against him at Police Station Parwanoo, District Solan, H.P., under Section 13 (2) of Prevention of Corruption Act, 1988 and

Sections 420,465, 467, 468, 471, 120 (B) of the Indian Penal Code and Section 39 (1) (A) of the H.P. Excise Act, 2011, on his furnishing personal

bond in the sum of Rs.1,00,000/- with one surety in the like amount, subject to the following conditions:-

i) Petitioner shall 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;

ii) He shall not tamper with the prosecution evidence;

iii) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case; and

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

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the

present bail application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition

during the trial of the case. It is again clarified that in case the petitioner does not complies with the conditions which have been imposed upon him

while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the

above terms.

Copy dasti.