Sushma Devi vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

This is a petition under Section 438 of the Code of Criminal Procedure in relation to FIR No.23/2020, registered on 01.03.2020, under Sections 379,

120-B and 34 of the Indian Penal Code (IPC) at Police Station Sunni, District Shimla.

Ad interim anticipatory bail was granted to the petitioner vide order dated 18.06.2021.

Heard learned counsel for the parties and gone through the status report.

The case of the prosecution against the petitioner as it comes out from the status report is that:-

3(i). On 01.03.2020, a complaint was lodged at Police Post Jalog that 35 W-beam sets of crash barriers were found missing in Gref Camp on

11.02.2020. During investigations, on 01.03.2020, the complainant reported that further inspection carried out from 12.02.2020 till 01.03.2020 revealed

that in all 138 sets of W-beam crash barriers valuing Rs.6,90,000/- were found missing from the spot at Gref Camp Baag Jalog. On the basis of above

complaint, the FIR was registered.

3(ii). All the police stations in the State were alerted for effecting recovery of the stolen articles. On 02.03.2020, Police Station Barotiwala, District

Solan, reported recovery of 133 new sets of crash barriers in FIR No.35/2020, dated 12.02.2020, registered under Sections 411 and 414 IPC. The

complainant in the instant FIR identified the recovered crash barriers as the same stolen from Gref Camp.

3(iii). In this regard, investigations were carried out from the accused-Kailash Chand, who was arrested in FIR No.35 of 2020. He statedly disclosed

that he alongwith the petitioner and her brother co-accused-Vishal @ Bunty and one another co-accused-Abhay Singh had committed the theft of the

crash barriers. As per his statement, petitioner had arranged the labour, which had loaded the stolen articles in a truck belonging to co-accused-Abhay

Singh. Co-accused-Kailash Chand reportedly disclosed that he alongwith petitioner and her brother Vishal @ Bunty had escorted the truck till

Barotiwala, from where the stolen articles were recovered by the police.

3(iv). As per the status report, the call detail record showed joint involvement of all the accused persons in commission of offence alleged against

them in the FIR. The status report also mentions that pursuant to the ad interim anticipatory bail granted to the petitioner, she has participated in the

investigations. The telephone number and sim card allegedly used by her have been handed over to the Investigating Officer.

During hearing of the case, learned counsel for the petitioner submitted that co-accused-Kailash Chand has already been enlarged on bail by the

learned Trial Court. As per status report, the stolen articles have already been recovered by the Investigating Agency. Learned Additional Advocate

General submitted that in case this Court is inclined to grant bail to the petitioner, then the same be made subject to stringent conditions.

As per the status report, pursuant to the interim protection granted on 18.06.2021, the petitioner has joined the investigation and is co-operating with

the same. Stolen articles have been recovered. Nothing remains to be recovered from the petitioner. Co-accused- Kailash Chand has already been

released on bail. Investigation in the matter is almost complete. Petitioner is aged 33 years and is resident of Village and Post Office Kharga, Tehsil

Nirmand, District Kullu, Himachal Pradesh, therefore, her presence can be ensured in the trial. Considering the offence and the nature of allegations

levelled against the petitioner, her custodial interrogation is not warranted in the facts and circumstances of the case. Accordingly, the present petition

is allowed. Interim protection granted to the petitioner vide order dated 18.06.2021 is made absolute subject to following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

However, she shall not be called in the police station before 9:00 am and after 5:00 pm.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The 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 the petitioner is put to trial, then she 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 her 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 her Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any.

It is made clear that 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 also clarified that observations made above are only for the purpose of adjudication of instant bail petition

and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the

observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy dasti.