Kuldeep Kumar vs State of Himachal Pradesh

Kuldip Singh, Judge

This judgment shall dispose of Cr.M.P.(M) Nos. 767 and 768 of 2012 filed by Kuldeep Kumar and Ranjit Singh, respectively, u/s 439 Cr. P.C. for releasing them on bail, in FIR No. 186/2011 dated 01.12.2011, registered at Police Station, Dehra, District Kangra, under Sections 420, 467, 468, 471, 120B IPC. It has been stated that petitioners have been arrested in the above case and they are in custody since 07.12.2011. The petitioners are innocent, they have committed no offence. The petitioners are permanent residents of the places mentioned in the bail petitions. The petitioner Kuldeep Kumar is a government servant. There is no chance of petitioners fleeing from justice and jumping the bail. The investigation in the case is complete. The further custody of the petitioners is not necessary. The petitioner Kuldeep Kumar is suffering from heart ailment and is under regular treatment. The petitioners earlier filed bail applications which have been dismissed by the Courts. The petitioners filed Cr.M.P.(M) Nos. 469 and 466 of 2012 which were dismissed by the High Court on 01.06.2012. The liberty was given to the petitioners to repeat the bail applications after consideration of charge by the trial Court. It has been stated that the trial Court has given repeated adjournments and framing of charge has not been considered till now. The petitioners are ready to furnish bail bonds, submission has been made for releasing the petitioners on bail.

The status report has been filed in Cr.M.P.(M) No. 767 of 2012. It has been stated that case has been registered on the complaint of Ashish Kumar. It has come in the investigation that provisional appointment letters in Assam Rifles and Health Department were given to the candidates by the accused which were found forged. The bank accounts of the accused were checked and no transaction was found. The money collected by the accused from the candidates was handed over by accused Sanjeev Aery to Archana singh in Guwahati. The accused Kuldeep Kumar and Ranjit Singh disclosed that from 67 candidates, they had collected 1 crore 20 lacs and handed over the amount to Sanjeev Aery along with original certificates. Sanjeev Aery disclosed that he handed over the amount to Archana Singh.

The petitioners Kuldeep Kumar and Ranjit Singh were arrested on 07.12.2011. On completion of investigation, challan has been submitted in the Court on 24.02.2012. It has been stated that Sanjeev Aery has been released on bail. The supplementary challan has been submitted in the Court on 02.09.2012. Archana Singh did not appear in the Court on 30.08.2012. It has been stated that five accused are in judicial custody. In addition to petitioners, the other accused are Joginder Pal Singh, Ramesh Chand, Sanjeev Aery and Archana Singh. The submission has been made for rejection of the bail applications.

Heard and perused the record. The Learned Counsel for the petitioners has submitted that the last bail applications of the petitioners were rejected by the High Court on 01.06.2012, but liberty was given to the petitioners to repeat their bail applications after consideration of charge by the trial Court. It has been stated that after 01.06.2012, the case has been fixed for consideration of charge in the trial Court on 11.06.2012, 26.06.2012, 03.07.2012, 16.07.2012, 27.07.2012, 09.08.2012, 18.08.2012, 30.08.2012, but framing of charge was not considered by the trial Court mainly for want of appearance of accused Archana Singh. It has been stated that Archana Singh is an accused in several cases outside Himachal Pradesh also.

It is not certain when all the accused will appear in the trial Court though the petitioners, who are in custody are appearing in the Court regularly. It has been submitted that even Archana Singh has been released on bail in the present case, but she has not furnished the bail bonds and, therefore, she has not been released. Sanjeev Aery accused has already been released on bail. The petitioners are not delaying the consideration of charge in the trial Court. The petitioners were arrested on 07.12.2011 and since then they are in custody. The case has already been fixed eight times for consideration of charge, but charge has not been framed. In these circumstances, it is not certain how much time will be taken for framing of charge and thereafter for completion of trial. Therefore, the petitioners have made out a case for grant of bail u/s 439 Cr. P.C.

In view of above, the applications are allowed. The petitioners Kuldeep Kumar and Ranjit Singh in Cr.M.P.(M) Nos. 767 and 768 of 2012, respectively, are ordered to be released on bail in FIR No. 186/2011 dated 01.12.2011, registered at Police Station, Dehra, District Kangra, under Sections 420, 467, 468, 471, 120B IPC on their furnishing personal bonds in the sum of Rs. 10,00,000/- (ten lac) each with one surety each of the like amount to the satisfaction of trial Court with the conditions that petitioners shall not overawe, terrorize any prosecution witness. They shall maintain absolute lawful and peaceful conduct during the pendency of the case. The petitioners shall not leave the country without the permission of the trial Court. The observations made in the judgment are for disposal of bail applications and shall not be construed as an expression of opinion on the merits of the case.

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