Prem Chand vs State of Himachal Pradesh

Kuldip Singh, J.—This is an application u/s 438 CrPC for releasing the petitioner on bail in FIR No. 53/10 dated 25.06.2010 registered at P.S. Anni, under Sections 420, 467, 471, 419 and 120-B Indian Penal Code and Section 13 of Prevention of Corruption Act.

It has been stated that the petitioner has been falsely implicated in the above case. The petitioner is apprehending his arrest in view of registration of the above case. The petitioner has not committed any offence. The petitioner was posted as Junior Engineer in the office of the Block Development Officer, Anni, District Kullu. The petitioner is presently working with Satluj Jal Vidyut Nigam Limited as Junior Engineer in Luhri Project. The investigation in this case is complete. However, petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The custodial interrogation of the petitioner is not required in the case. A prayer has been made for releasing the petitioner on bail.

The bail application has been opposed on the basis of the status report. It has been stated that case has been registered on the complaint of Khem Raj and order of the learned Judicial Magistrate 1st Class, Anni u/s 156(3) CrPC. It has come in the investigation that accused Narain Singh, in the must roll No. 4361, has marked the presence of his brother, Maan Singh and sister-in-law, Mamta Devi, whereas presence of these persons have also been marked in must roll No. 1682. The must roll No. 4361 was from 1.7.2009 to 31.7.2009 and must roll No. 1682 was from 16.7.2009 to 29.7.2009. Maan Singh marked his presence on 5.7.2009, 11.7.2009 and 27.7.2009 as Vice President, Gram Panchayat Fanoti. Narain Singh has also signed as Chuni Lal and Khayali Ram in must roll No. 4361 and received the wages.

It has been stated that the presence of Kumar Singh has been marked in must roll though on that date he appeared in Board Examination. Prem Singh, who was to look after the development works, got the must roll passed without the approval of Pradhan and did not inform the higher authorities. Sangat Ram has been released on anticipatory bail. The petitioner has misused his official position by rendering false report.

It has been submitted by the learned Additional Advocate General that in all, there are eleven accused in the case, out of them nine have been released by learned Sessions Judge, Rampur Bushehr and one by High Court. In other words, only petitioner is left, who has not yet been granted bail. The learned Additional Advocate General has stated that investigation in the case is almost complete and report u/s 173 CrPC will be filed very shortly. In the status report, it has been stated that no further interrogation of petitioner is required. In the status report, it has not been stated that petitioner is influencing the prosecution witnesses in any manner. In these circumstances, the petitioner has made out a case for grant of bail u/s 438 CrPC.

In view of the above, the petition is allowed. In the event of his arrest in FIR No. 53/10, under Sections 420, 467, 471, 419 and 120-B of the Indian Penal Code and Section 13 of Prevention of Corruption Act, the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioner shall continue to join the investigation as and when required by the Investigating Officer and shall not hamper the prosecution witnesses and tamper with prosecution evidence in any manner.

Any observation made in the order is for the disposal of the petition and shall not be construed as an expression of opinion on the merits of the case.