Hukam Chand vs State Of Himachal Pradesh

Virender Singh, J

Applicant-Hukam  Chand  has  filed  the  present application,  under  Section  438  of  the  Code  of  Criminal Procedure (hereinafter referred to as ‘CrPC’), seeking the indulgence of this Court to direct the police/Investigating Officer of Police Station SV & ACB, Baddi, District Solan, to release him on bail, in the event of his arrest, in case FIR No. 2 of 2023, dated 5th April, 2023, registered under Sections 8 and 12 of the Prevention of Corruption Act (hereinafter referred to as ‘PC Act’).

As per the factual position, as asserted in the application, a false case has been registered against the applicant, by the police.

On the basis of the above FIR, which is stated to be false, as per the averments in the application, the applicant is apprehending his arrest in the said case.

The applicant has asserted that he is having deep roots in the society. According to him, he is an innocent person and has not committed the offence, for which, he has been named as accused, in the FIR.

Apart from this, the learned counsel for the applicant has given certain undertakings, for which, the applicant is ready to abide by, in case, any direction is issued to the police/Investigating Officer, in the above-noted case, under the provisions of Section 438 CrPC.

On the basis of the above facts, a prayer has been made by the learned counsel appearing for the applicant, that the application may kindly be allowed.

The applicant has also tried his luck by moving the application, under Section 438 CrPC, before the learned Special Judge, Solan, however, the bail application has been dismissed, vide order, dated 8th June, 2023.

When put to notice, the police has filed the status report, disclosing therein, that on 2nd April, 2023, they received a written complaint, from Shri Sachin Kumar, with the allegations that Hukam Chand (applicant) is the Principal of Royal Public School, Lodhimajra, Baddi, District Solan. His school was designated as examination center in March-April, 2023, for holding State Open School (SOS) Examination to be conducted by Himachal Pradesh Board of School Education.

The complainant had applied in Himachal Pradesh Board of School Education as a candidate of State Open School (SOS) in Biology subject for 10+2 class. He was allotted the school of the applicant as his examination centre, where, he was to appear in written, as well as, practical examination.

He appeared for written examination on 23rd March, 2023, in the evening session.

During examination, the candidates were informed that they had to appear for their practical examination on 3rd April, 2023. All the candidates were supposed to bring their practical files with them, and, in case, any candidate, could not bring such file, he/she had to deposit a sum of Rs. 2,000/-, upon which, he/she would be declared qualified, without even appearing in any viva. The complainant met the applicant in the evening, informing him that he has already prepared his practical file, whereupon, the applicant told the complainant that he need not to deposit Rs. 2,000/-, but, he had to deposit Rs. 1,000/- which is mandatory, as, the said amount has to be paid further.

On 28th March, 2023, the complainant called the applicant on his mobile phone, who again demanded a sum of Rs. 1,000/- from the complainant, with the assurance that he will get full marks, even if, he has not prepared the practical file and also, that he is not even required to be present for the practical exam. The applicant asked the complainant to make the payment through Google Pay app.

On receiving the complaint, the allegations made by the complainant were verified, which were found to be factual. Thereafter, FIR No. 2 of 2023 has been registered against the applicant.

On 15th June, 2023, after perusing the status report, filed by the police, in this case, the interim direction was issued to the Investigating Officer to release the applicant on bail, in the event of his arrest, subject to his furnishing personal bond, in the sum of Rs. 30,000/-, with one surety in the like amount, to the satisfaction of the Investigating Officer. The applicant was also directed to join the investigation.

On 23rd June, 2023, the police filed the supplementary status report. As per the said status report, pursuant to the direction issued by this Court, the applicant had associated himself in the investigation of the case.

During the investigation, the bank statements of the accounts of the applicant were obtained.

On the basis of the stand, as taken in the status report, it has been apprehended that in case, the interim order is made absolute, there is every likelihood that the applicant may destroy the evidence and he can also win over the witnesses.

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

The applicant has joined the investigation, as per the directions issued by this Court. The role, allegedly, played by the applicant, in the commission of the crime, for which, he has been named as accused, in the FIR in question, will be proved during the course of the trial.

The investigation seems to be almost complete, in this case and the police is not able to make out a case for custodial interrogation.

The accused is presumed to be innocent till his guilt is proved, during the trial. The bail application cannot be rejected as a matter of punishment, as pre-trial punishment is prohibited under the law.

So far as, the apprehensions, which have been expressed by the police, are concerned, for those apprehensions, reasonable conditions can be imposed, in case, this Court comes to the conclusion that the interim order dated 15th June, 2023, is liable to be confirmed.

When the police is not able to make out a case for custodial interrogation of the applicant, then, there is no legal hesitation for this Court, to confirm the interim order, dated 15th June, 2023.

Consequently, interim order, dated 15th June, 2023, is made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No. 2 of 2023, dated 5th April, 2023, registered under Sections 8 and 12 of the PC Act, with Police Station SV & ACB, Baddi, District Solan, H.P., on his furnishing personal bond, to the tune of Rs. 30,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. The bail is granted, subject to the following conditions:

a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) That the applicant will not leave India, without prior permission of the Court;

c) That the applicant 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 such facts to the Investigating Officer or the Court; and

d) That the applicant shall 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;

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.

The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of Law.

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.