Himachal Pradesh High Court
Amit Chandel vs State Of H.P on 26 December, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 2753 of 2022
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Date of decision : 26.12.2022.
Amit Chandel ...Petitioner.
Versus
State of H.P. ...Respondent
Coram:
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the petitioner
r : Mr. Gaurav Sharma, Advocate.
For the respondent : Mr. Desh Raj Thakur, Addl. A.G.
Satyen Vaidya, Judge (Oral)
Petitioner is in custody since 3.12.2022 in case FIR 150 of 2022 dated 3.12.2022, under Section 436 IPC, registered at Police Station, Theog, District Shimla, H.P.
2. The petitioner has prayed for grant of bail on the grounds that he is innocent and has been falsely implicated. It is contended on behalf of the petitioner that the complaint has been falsely lodged against him by his wife, who is not having cordial relations with the petitioner. It is submitted that the complainant is elected member of Gram Panchayat, Damiana and by use of influence, the case has been registered against 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 29/12/2022 20:32:54 :::CIS -2-him. It is further submitted that the petitioner is permanent resident of Village Gadyana Dochi, P.O. Chhaila, Tehsil Theog, .
District Shimla. Petitioner has also undertaken to abide by all the conditions, as may be imposed against him.
3. Status report filed by the respondent reveals that the wife of petitioner on 2.12.2022 reported to the police that she along with her children were on way to Village Tharola in a vehicle with the petitioner. When they reached near village Dashana, petitioner started arguing with her on family matters.
He made the complainant and children to alight from the vehicle and went back towards their home. After some time, petitioner gave a call on the mobile phone of his son and disclosed that he would put the house on fire. Thereafter, the elder brother of the petitioner informed the complainant on her mobile phone that her house was on fire. She returned home and found that the room in which she was living with her children had been gutted down including all the articles lying therein.
4. The status report further reveals that during interrogation, the petitioner admitted his fault by stating that he had taken excess liquor and thereafter had lighted the match box to put the house on fire.
::: Downloaded on - 29/12/2022 20:32:54 :::CIS -3-5. I have heard the learned counsel for the parties and have also gone through the record carefully.
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6. The allegations against the petitioner are subject to proof. Pre-trial incarceration cannot be ordered as matter of rule. Petitioner is already in custody since 3.12.2022. No fruitful purpose shall be served by keeping the petitioner in custody for indefinite period.
7. The prayer for bail of the petitioner has been opposed on the ground that earlier also he was involved in two cases with following details:-
i) Case No. 133 of 2009 dated 18.8.2009 under Sections 341, 147, 506 and 427 of IPC.
ii) Case No. 21 of 2012 dated 17.2.2012 under Sections 147, 149, 336 and 427 of IPC.
8. During the course of hearing of the case, the Investigating Officer informed that both these previous cases were compromised between the parties and were accordingly compounded. Respondent has also expressed apprehension that in case of release of petitioner, he may again indulge in similar activity and may also try to overawe the complainant.
Solely on such apprehension, the prayer for bail cannot be declined keeping in view the facts and circumstances of the ::: Downloaded on - 29/12/2022 20:32:54 :::CIS -4- case. Had the petitioner intended to cause damage or harm to the complainant or the children, he would not have left them at .
a far off place before committing the alleged offence. In order to take care of the apprehension, if any, as noticed above, the petitioner can be put to appropriate terms.
9. Petitioner is permanent resident of Village Gadyana Dochi, P.O. Chhaila, Tehsil Theog, District Shimla, H.P. and there is no likelihood of his absconding or fleeing from the course of justice.
10. In view of peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR 150 of 2022 dated 3.12.2022, under Section 436 IPC, registered at Police Station, Theog, District Shimla, H.P. , on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount, to the satisfaction of learned Judicial Magistrate, 1st Class, Theog, District Shimla, H.P. This order shall, however, be subject to the following conditions: -
i) That the petitioner shall join the investigation as and when required.
::: Downloaded on - 29/12/2022 20:32:54 :::CIS -5- ii) That the petitioner shall not tamper the prosecution evidence in any manner . whatsoever. iii) That the petitioner 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 from disclosing such facts to the Court or to any police officer;
iv) That breach of any of the bail condition by the petitioner shall entail cancellation of the bail.
v) That the petitioner shall not leave India without prior permission of the Court.
11. 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 herein above.
(Satyen Vaidya)
26th December, 2022 Judge
(kck)
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