Sanjeev Kumar Alias Sunny And Others vs State Of Himachal Pradesh

Vivek Singh Thakur, J

These petitions arising out of one and the same FIR, filed by co-accused, are being decided by this common judgment.

These petitions have been filed seeking regular bail in case FIR No. 32 of 2020, dated 25.2.2020, registered under Sections 457, 380, 411 read with Section 34 IPC in Police Station Indora, District Kangra, H.P.

Petitioners were arrested by the Police on 26.2.2020 and after remanding to Police custody, they have been sent in judicial custody and as of now, they are in judicial custody.

According to status report, they have been found to have committed offence under Sections 457, 380, 411 read with Section 34 IPC. The stolen articles as per complainant are one gas Cylinder, 10 large and 10 small bottles of mustard oil, 10 pieces 250 grams each and 10 pieces 100 grams each of Sargam tea, 5 pieces of Lux soap, 10 KG Sugar and 35 KG rice along with 2 strips of Kurkura, which was having value of about Rs.8,000-9,000/-.

Investigation in the case is complete. Challan has been presented in the Court and now inquiry with respect to vehicle claimed to have been purchased by co-accused Satnam from Kulwant Singh, is yet pending and in that regard supplementary challan would be filed after completion of inquiry.

According to status report, there are two cases each pending against petitioner Bihari Lal in Police Station Indora and Sanjeev Kumar in Police Station Division No. 2, Pathankot. The cases against petitioner Sanjeev Kumar were registered in the year 2010 and 2012. So far as petitioner Bihari Lal is concerned, the cases were registered in the year 2019. One case was under Section 279 IPC and another was under Sections 457 and 380 IPC.

Petitioners are behind the bars since 26.2.2020. Trial is yet to begin. Nothing is to be recovered and inquired from the petitioners. They are ready to furnish local surety also. In the status report, keeping in view the previous record, it has been stated that there is apprehension of repetition of commission of offence by the petitioners. So far as apprehension of repetition of commission of offence is concerned, for conditions to be imposed upon the petitioners, the State/prosecution will have right to apply for cancellation of bail under Section 439 (2) Cr.P.C. in case of violation thereof including repetition of offence.

Considering the entire facts and circumstances, nature and gravity of offence and status of the case, I find that it would not serve any fruitful purpose by keeping the petitioners behind the bars at this stage.

In view of above, petitioners are ordered to be released on bail in case FIR No. 32 of 2020 dated 25.2.2020, registered under Sections 457, 380, 411 read with Section 34 IPC in Police Station Indora, District Kangra, H.P., on their furnishing personal bonds in the sum of Rs.50,000/- each with one local surety each in the like amount, to the satisfaction of trial Court, within two weeks from today, subject to following conditions:-

(i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioners shall 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that they shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or suspected;

(v) that the petitioners shall not misuse their liberty in any manner;

(vi) that the petitioners shall not jump over the bail;

(vii) that they shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or during trial;

(viii) They shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice.

In case the petitioners violate any conditions imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

The petitioners are permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

The petitions stand disposed of in the aforesaid terms.