Rahul Kumar vs State Of H.P.

Jyotsna Rewal Dua, J

Apprehending his arrest in FIR No.32 of 2020, dated 30.05.2020, under Sections 379, 186, 120(B) of the Indian Penal Code and Sections 41 and 42 of the Indian Forest Act, registered at Police Station, Chopal, District Shimla (H.P.), the petitioner has come up under Section 438 of Code of Criminal Procedure seeking anticipatory bail.

Interim protection was granted to the petitioner vide order dated 08.06.2020, subject to the conditions stipulated therein.

I have heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State.

According to the status report, the case against the petitioner is that:-

4(i) One guard of Forest Corporation while on duty at Mandah Lani on 30.05.2020, reported to the police personnel at around 1.55 a.m. that a pick-up vehicle bearing registration No. HP16-6984, laden with wooden sleepers, after breaking the barricades had gone towards the Pulbahal, Tehsil Chopal, District Shimla. This pick-up vehicle was following another vehicle bearing registration No. HP-08A-3471.

4(ii) On receipt of this information, police party arrived at Shihali.

Naka was laid at the spot by putting stones on the road. At around 2.50 a.m., the vehicle bearing No. HP-08A-3471 (proceeding ahead of pick-up vehicle No. HP16-6984) arrived at the place of 'nakka'. This vehicle was allowed to cross the 'nakka' by the police officials, as otherwise it's occupants would have telephonically alerted the occupants of trailing pick up vehicle. At around 3.10 a.m., pick up vehicle No.HP16-6984, also arrived at the 'nakka'. It did not stop despite being signaled to stop by the police officials. The pick-up was driven towards Rajgarh road by a person identified as bail petitioner, resident of village Taali. It was laden with wooden sleepers. The police officials on 'nakka' duty chased this pick-up vehicle in their private vehicle. En-route, the vehicle No HP-08A-3471 gave a deliberate pass to pick up vehicle No.HP16-6984 in a manner, which stopped the movement of the vehicle carrying police officials. In this process, pick-up vehicle laden with wooden sleepers disappeared.

4(iii) On inquiry, the occupants of vehicle No HP-08A-3471, gave their identification as S/Sh Kulbhushan and Narender. Investigation ensued.

Search for the petitioner was carried out, however, he could not be found at his home. This eventually led to registration of the FIR in question. Neither the sleepers nor the pick-up vehicle driven by the petitioner was recovered. S/Sh Kulbhushan and Narender, who were arrested on 30.05.2020 were enlarged on bail by learned Judicial Magistrate 1st Class Chopal, on 2.6.2020.

4(iv) Pursuant to the interim protection granted by this Court on 08.06.2020, the bail petitioner joined the investigation. Statement of the petitioner recorded under Section 27 of the Indian Evidence Act, has led to recovery of pick up vehicle No.HP16- 6984, alongwith 19 wooden sleepers therein from a Nallah below village Taali. The vehicle and wooden sleepers have been seized by the police. As per the status report, the investigation is still on, however, no recovery is to be effected from the bail petitioner.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated with the offences alleged against him. The other co-accused in the FIR have already been enlarged on bail by the learned Judicial Magistrate 1st Class Chopal. No recovery is to be effected from the petitioner. Learned counsel further submitted that petitioner is willing and ready to cooperate with the investigating agency and in fact he is cooperating with the investigating agency. Considering all these facts, petitioner deserves to be enlarged on bail. He will abide by all the conditions, which may be imposed upon him that he will not influence the witnesses or temper with the prosecution evidence in any manner.

Learned Additional Advocate General has opposed the grant of bail on the ground that petitioner can intimidate and influence the witnesses.

As per the status report, petitioner is cooperating with the investigating agency and no recovery is to be effected from him. Considering the fact that his co-accused have already been enlarged on bail andconsidering the nature of allegations levelled against him coupled with the fact that petitioner is a local resident, therefore, his presence can always be ensured in the trial, this petition is allowed. The interim order passed on 08.06.2020 is made absolute, subject to following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law;

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any; &.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be taken as an expression on merits of the case and learned Trial Court shall decide the matter uninfluenced by any of observations made hereinabove.The parties shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court.

However, the Registry is directed to send copy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so required.