Rohit Thakur vs State Of Himachal Pradesh

Satyen Vaidya, J

The petitioner is accused in case FIR No. 125 of 2021 dated 11.06.2021 registered at Police Station, Baddi, District Solan, H.P. under Sections 420 and 120-B of the Indian Penal Code. The petitioner was arrested on 08.07.2021 and is in judicial custody till date.

Petitioner has approached this Court for grant of bail under section 439 Cr.P.C in the above-noted case. It has been contended on behalf of the petitioner that there is no legal evidence against the petitioner showing the complicity in the alleged offence. Further, it has been submitted on behalf of the petitioner that he has no criminal antecedents. Petitioner has roots in the society and has permanent residence at Delhi. Petitioner has undertaken not to tamper with the prosecution evidence in case he is enlarged on bail. He has further undertaken to abide by all the conditions as may be imposed.

On notice, respondent has submitted the status report. The investigation is stated to be complete and challan has already been filed in the Court of competent jurisdiction. As per case of the respondent, the case was registered on the complaint of Ms. Archana to the effect that she had been duped of Rs.7,26,000/- through online fraud committed upon her. On investigation, some foreign nationals from Nigeria were found involved in the offence in conspiracy with the bail petitioner and another co-accused named Ms. Reeta. It was also revealed during investigation that petitioner had provided bank accounts to his co-accused foreign nationals, which were used for financial transactions involved in the case in hand.

I have heard learned counsel for the petitioner and learned Senior Additional Advocate General for the respondent and have also gone through the record.

The investigation of the case is already complete and challan has been filed in the Court.

The allegations against the petitioner is that he provided bank accounts to the other co-accused for the purpose of commission of offence as alleged in the present case. The criminal conspiracy as alleged against the petitioner and other co-accused is to be proved during trial of the case. As noticed above, the investigation of the case is already complete. There is nothing in the status report of respondent which reveal criminal antecedents, if any, of the petitioner.

Petitioner is permanent resident of Delhi. He is ready and willing to face trial on such terms and conditions as may be imposed against him. In the given facts and circumstances, no fruitful purpose will be served by keeping the petitioner in judicial custody till the conclusion of trial, which is likely to take sometime. Pre-trial incarceration of the petitioner, in the facts of the case, will amount to unjustified fetters on his right to liberty.

This Court is concerned that release of petitioner on bail may not prejudice the trial of the case in any manner. This, however, can be secured by imposing stringent conditions upon the petitioner while releasing him on bail. Petitioner is having permanent residence and also has a family, which in all probabilities, shall deter him from fleeing from course of justice. The respondent has also not raised any apprehension of petitioner absconding from course of justice or in any manner tampering with the prosecution evidence, if enlarged on bail. Two of other co-accused in the case namely, Reeta and Amlesh Singh have already been released on bail.

In the peculiar facts and circumstances of the case, this petition is allowed. Petitioner is ordered to be released on bail in case registered against him vide case FIR No. 125 of 2021 dated 11.06.2021 registered at Police Station, Baddi, District Solan, H.P. under Sections 420 and 120-B of the Indian Penal Code, on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned trial Court. The bail is granted to the petitioner, subject to the following conditions:-

i) Petitioner shall not tamper with the prosecution evidence in any manner.

ii) Petitioner shall regularly ensure his presence before the trial Court on each and every hearing of the trial till its conclusion except in cases of extreme urgency.

iii) Petitioner shall not leave the country without express leave of the trial Court and thereafter till the completion of trial.

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

Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.

The petition is disposed of accordingly.

Copy dasti.