Santosh Kumar vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is an accused in case FIR No. 25/2022, dated 22.01.2022, under Sections 39(1)(a) (c), 47 & 50 of Himachal Pradesh Excise Act and Sections 420, 467, 468, 471, 304 and 120-B of Indian Penal Code, registered at Police Station Nalagarh, District Solan, H.P.

Brief facts are that on 21.01.2022, police officials of Police Post Joghoo under Police Station Nalagarh, District Solan, H.P. conducted a raid at place Nal (Gujjarhatti) forest and seized a number of articles evidently used in manufacture/illicit bottling etc. of liquor. Initially, the case was registered under Sections 39(1)(c), 47 & 50 of Himachal Pradesh Excise Act. During investigation, implication of various persons in manufacture of spurious liquor, its bottling and sale etc. was found. Such persons were arrested. It was also found that various acts of fraud, forgery etc. had also been committed in pursuance to criminal conspiracy between various persons. An employee of one of the persons arrayed as an accused was found to have died by consuming the spurious liquor. Accordingly, Sections 420, 467, 468, 471, 304 and 120-B of IPC were added.

The allegation against the petitioner is that he had supplied to his co-accused huge quantity of spirit. Involvement of petitioner was also found in case registered at Police Station Sundernagar, under Sections 304, 308 and 120-B of IPC, vide FIR No.15/2022, dated 19.01.2022. Petitioner was in custody in aforesaid FIR of Police Station Sundernagar. His custody was got transferred for investigation in the instant case.

Petitioner has sought his bail on the grounds that he is innocent and has been falsely implicated. He has nothing to do with the crime. Petitioner is a permanent resident of Village Nalhera, P.O. Samtana, Tehsil Barsar, Nalera (34/96), Hamirpur, H.P. and there is no likelihood of his absconding from the course of justice. He will face the trial and will abide by all the conditions as may be imposed. He will not try to jump the bail and will also not tamper with the prosecution evidence, in any manner, whatsoever.

Application has been opposed, on the ground that petitioner is an accused in more than one cases of similar nature. He is an accused in FIR No.19/2000, dated 12.03.2000, under Sections 147, 336, 339, 380 & 223 of IPC, registered at Police Station Talai, District Bilaspur, H.P. Petitioner is also alleged to have been involved in cases registered vide FIR No.37/2000, dated 14.04.2000, under Section 420 of IPC, Police Station Bharari and FIR No.15/2022, dated 19.01.2022, under Sections 304, 308, 420, 120-B of IPC and Sections 39, 40 & 41 of H.P. Excise Act, Police Station Sundergar, H.P.

I have heard learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the status report.

Record reveals that investigation in the case has already been completed and challan has been filed in the Court of competent jurisdiction. The allegation against the petitioner is that he had supplied to his co-accused huge quantity of spirit.

Petitioner has remained in custody for more than one year approximately. The allegations against the petitioner are yet to be proved. Pre-trial incarceration is not the rule. It appears that the implication of petitioner in the present case as well as in case registered at Police Station Sundernagar vide FIR No.15/2022 are overlapping. Petitioner has not been granted bail in case FIR No. 15 /2022, registered at Police Station Sundernagar.

Keeping in view the facts and circumstances of the case, no fruitful purpose shall be served by prolonging the custody of the petitioner in the instant case till conclusion of trial, which is likely to take sometime before conclusion. The implication of petitioner in other cases, as noticed above, relates to different offences allegedly committed by him during different periods. The fate of such cases is not known and therefore it cannot be considered as an impediment in grant of bail to the petitioner in the present case. Nothing is stated to be recovered from the petitioner in the instant case.

Petitioner is a permanent resident of Village Nalhera, P.O. Samtana, Tehsil Barsar, Nalera (34/96), Hamirpur, H.P. and there is no apprehension of his absconding or fleeing from the course of justice. Even otherwise, he can be put to appropriate terms in order to secure his presence for the purposes of trial. It is not the case of the respondent that in case of grant of bail to the petitioner, the trial of the case shall be affected adversely. It is also not alleged against the petitioner that he has potential to tamper with the prosecution evidence.

In the peculiar facts and circumstances of the case, the petition is allowed and petitioner is ordered to be released on bail in case FIR No. 25/2022, dated 22.01.2022, under Sections 39(1)(a) (c), 47 & 50 of H.P. Excise Act and Sections 420, 467, 468, 471, 304 and 120-B of IPC, registered at Police Station Nalagarh, District Solan, H.P., 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. This order shall, however, be subject to the following conditions:-

i) Petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion.

ii) Petitioner shall not tamper with the prosecution evidence, in any manner, whatsoever and shall not dissuade any person from speaking the truth in relation to the facts of the case in hand.

iii) Petitioner shall be liable for immediate arrest in the instant case in the event of petitioner violating the conditions of this bail.

(iv) Petitioner shall not leave India without permission of learned trial Court till completion of trial.

Any expression of opinion herein-above shall have no bearing on the merits of the case and shall be deemed only for the purpose of disposal of this petition.