Punjab-Haryana High Court
Bilasha Ram vs State Of Haryana on 19 December, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:172092
CRM-M-57195-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-57195-2024
Reserved on: 02.12.2024
Pronounced on: 19.12.2024
Bilasha Ram ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Mannu Sheokand, Advocate,
for the pe oner.
Mr. Rajat Gautam, Addl. A.G. Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta0on Sec0ons 13 18.04.2024 ACB Karnal, Division Karnal 7, 7A, 13(1) (b), 13(2) of PC Act Haryana read with Sec on 120-B IPC 1. The pe oner incarcerated in the FIR cap oned above had come up before this
Court under Sec on 483 of Bhara ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2. In paragraph 21 of the bail pe on, the accused declares that he has no criminal antecedents.
3. The facts and allega ons are being taken from the status report filed by the State. On April 18, 2024, based on a complaint, the police laid a trap and, pursuant to such trap, caught the pe oner red-handed, along with the bribe amount of Rs. One Lac.
4. The pe oner's counsel prays for bail by imposing any stringent condi ons and contends that further pre-trial incarcera on would cause an irreversible injus ce to the pe oner and his family.
5. The State's counsel opposes bail and refers to the status report.
6. It would be appropriate to refer to the following por ons of the status report, which read as follows:
11 of 5 ::: Downloaded on - 22-12-2024 03:04:11 ::: Neutral Citation No:=2024:PHHC:172092 CRM-M-57195-2024 "2. xxx xxx That brief facts of case are that on 18-04-2024, the complainant Vikram S/o Umed Singh R/o Samalkha, District Panipat handed over his handwri(en complaint to Inspector Tejpal, An, Corrup,on Bureau, Karnal Range, Karnal, wherein he had alleged that his friend namely Narender S/o Omparkash R/o Panchi Ja(an, District Sonipat and against his distant nephew namely Ankit, an FIR No. 49 dated 18.02.2024 u/s 313, 323, 34, 376(2)(n), 506 IPC, has been lodged in Police Sta,on, Sector 13/17, Panipat.
In the said case, the name of the friend of complainant, namely Narender, have been got falsely recorded. As regard this, the complainant met pe,,oner Inspector Bilasha Ram, SHO, Sector 13/17, Panipat and informed him about wrong/false men,oning of his friends name i.e. Narender in the said case. Upon which, Pe,,oner/SHO Bilasha Ram told the complainant that as regards the ma(er, he should meet Dharmender @ Dharmu (co- accused) R/o village Panchi, who runs a Ganesh Medical Store at village Panchi and that complainant should talk to him aAer mee,ng. ThereaAer, as per the asking of Pe,,oner/SHO Bilasha Ram, complainant again came alongwith co-accused Dharmender @ Dharmu and met pe,,oner/SHO in the police sta,on. Pe,,oner/SHO aAer consul,ng Dharmender @ Dharma told the complainant that he (pe,,oner) had discussed the ma(er about the case with co-accused Dharmu and that the complainant should meet Dharmu and that no further talk as regards the case should be made him. ThereaAer, the complainant came outside the police sta,on and met Dharmender @ Dharmu, who informed him that he had already talked with Pe,,oner/SHO as regards the case and further informed the complainant that the name of the complainant's friend namely Narender will be deleted from the said case and against the same he raised the demand of sum of Rs. 1,00,000/- (one lakh) as bribe. On account of being under pressure, complainant consented to give Rs. 1,00,000/- to Dharmender @ Dharmu. It was further averred that today Dharmender @ Dharmu had called the complainant alongwith a sum of Rs. 1,00,000/- as bribe for being delivered to SHO Bilasha Ram but the complainant didn't want to pay the bribe money to them. He (complainant) had also made the recordings, which he will produce later on.
Hence, the present Case FIR No. 13 dated 18-04- 2024 was registered u/s 7, 7A, Preven,on of Corrup,on Act 1988 and 120-B, IPC, in Police Sta,on, An, Corrup,on Bureau, Karnal Range, Karnal.
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3. That thereaAer, Superintendent of Police, An, Corrup,on Bureau, Karnal appointed Sh. Surender Tamak, Assistant Soil Conserva,on Officer, Karnal as Gaze(ed Officer, upon which the Gaze(ed Officer /Independent witness further appointed Sh. Krishan Sharma, Agriculture Inspector of his office as Shadow Witness. Raiding team was cons,tuted and aAer applying Phenolphthalein powder on currency notes of Rs. 1,00,000/-, the said notes were handed over to the complainant Vikram, who was instructed to talk with Dharmender @ Dharmu for his work and on raising his demand, the complainant was instructed to hand over Rs. 1,00,000/- tainted money to tout/middle man Dharmender Dharmu (co-accused). The Shadow witness was also instructed to see and hear the conversa,on between complainant and accused and was further directed to give the appointed signal to the raiding team. List of Currency notes, memo of handing over the notes and the search memo etc. were prepared.
ThereaAer, the complainant and shadow witness proceeded to meet Dharmender @ Dharmu and aAer some ,me, the complainant and shadow witness acted accordingly. AAer some,me Dharmender @Dharmu (co-accused) raised the demand of bribe and then complainant handed over the bribe money to him and thereaAer co-accused Dharmender @ Dharmu was apprehended on spot, near Skylark petrol pump at panipat. Upon asking him to produce the bribe money, Dharmender @ Dharmu handed over the bribe money of Rs.1,00,000/-, held in his right hand, to the independent witness/gaze(ed officer. The hands of the complainant Vikram and Dharmender @ Dharmu (co-accused) were got washed separately and the solu,on thereof turned light pink and pink, respec,vely. The currency notes, nips of hand washes were converted into separate sealed parcels and were taken into possession vide recovery memo, which were also signed by respec,ve witnesses. Site plan of the place of occurrence was also prepared. ThereaAer, Dharmender @ Dharmu (co-accused) was arrested in the present case and the inves,ga,ng officer also took into possession the mobile phone of co- accused Dharmender @ Dharmu alongwith sim no. 99910xxxxx.
5. That during the course of inves,ga,on on 19-04-2024, the complainant Vikram Singh Malik produced the audio recording device, before the inves,ga,ng officer, wherein demand of bribe/conversa,on was recorded among the complainant Vikram Singh Malik and both accused persons viz Dharmender @ Dharmu (co- accused) and Inspector/SHO Bilasha Ram (pe,,oner-accused), upon which the inves,ga,ng officer with the help of Inspector Deepak and HC Balister, prepared the CD and its transcript in Hindi and aAer conver,ng the CD's into a separate 3 3 of 5 ::: Downloaded on - 22-12-2024 03:04:12 ::: Neutral Citation No:=2024:PHHC:172092 CRM-M-57195-2024 sealed parcels, the audio CD's, its transcripts and cer,ficates u/s 65-B, Evidence Act were taken into possession vide memo, which was signed by respec,ve witnesses. The inves,ga,ng officer also recorded the statement of witness u/s 161 Cr.P.C. on even dates. The true translated copy of recording/transcript is a(ached herewith as (Annexure R-2)."
7. There is sufficient primafacie evidence connec ng the pe oner with the alleged crime. However, pre-trial incarcera on should not be a replica of post-convic on sentencing. As per paragraph 12 of the status report, the pe oner has been in custody since 28.08.2024. As per the custody cer ficate dated 25.11.2024, the pe oner's total custody in this FIR is around three months. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega ons, and the other factors peculiar to this case, there would be no jus fiability for further pre-trial incarcera on at this stage.
8. Without commen ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men oned above, the pe oner makes a case for bail. This order shall come into force from the me it is uploaded on this Court's official webpage.
9. Given above, provided the pe oner is not required in any other case, the pe oner shall be released on bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Court must be sa sfied that if the accused fails to appear, such surety can produce the accused.
10. While furnishing a personal bond, the pe oner shall men on the following personal iden fica on details:
1. AADHAR number
2. Passport number (If available) and when the aHes ng officer/court considers it appropriate or considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
11. This order is subject to the pe oner's complying with the following terms.
12. The pe oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and 4 4 of 5 ::: Downloaded on - 22-12-2024 03:04:12 ::: Neutral Citation No:=2024:PHHC:172092 CRM-M-57195-2024 circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.
13. This bail is condi onal, and the founda onal condi on is that if the pe oner indulges in any non-bailable offense, the State may file an applica on for cancella on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.
14. Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
15. A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe oner can download this order along with case status from the official web page of this Court and aHest it to be a true copy. If the aHes ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for aHes ng bonds.
16. Pe00on allowed in terms men oned above. All pending applica ons, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
19.12.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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