Himachal Pradesh High Court
Chander Prasad vs State Of H.P. Dated 05.08.2022 on 29 September, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 29th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) No. 1911 OF 2022
Between:-
CHIRANJIV CHINTAN S/O RAM
CHANDER PRASAD, R/O VILLAGE
LALUBABU KA KUNCHA, PO
BEGAMPUR, DISTRICT PATNA, SUB
DIVISION PATNA CITY AGED 35
YEARS.
..........PETITIONER
(BY M/S AJAY KOCHHAR, VIVEK SHARMA,
AVNI KOCHHAR AND BHAIRAV GUPTA,
ADVOCATES)
AND
STATE OF HIMACHAL PRADESH.
........RESPONDENT
(BY M/S SUMESH RAJ, DINESH THAKUR AND
SANJEEV SOOD, ADDITIONAL ADVOCATE
GENERALS WITH MR. AMIT KUMAR DHUMAL,
DY. AG AND MR MANOJ BAGGA, ASSISTANT
ADVOCATE GENERAL)
___________________________________________________________
Whether approved for reporting? No
This petition coming on for orders this day, the Court
passed the following:-
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2
ORDER
By way of this petition filed under Section 439 of the .
Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 05 of 2022, dated 07.05.2022, registered at Police Station CID Bahrari, District Shimla, H.P. under Sections 420 and 120-B of the Indian Penal Code.
2. The petitioner has been arrested on 15.05.2022 with regard to the FIR mentioned hereinabove and the allegation against him is that he alongwith co-accused, namely, Subhash Kumar, Vikram and Lalit Kumar obtained the admit cards of the candidates in order to make available to them the question paper of the recruitment process of Constables which was undertaken by the Police Department in the State. As per the prosecution, it was on the directions of the petitioner that another co-accused Mohammad Galib used to transfer money in the bank account of the bail petitioner.
3. Learned Counsel for the petitioner has argued that the petitioner is innocent and he has been falsely implicated in the case. Learned Counsel has submitted that otherwise also, as the investigation is complete and challan already stands filed in the Court of law, therefore, now the custody of the petitioner is not serving any purpose, and in these circumstances, the petitioner be released on bail by imposing such reasonable conditions as the ::: Downloaded on - 29/09/2022 20:05:08 :::CIS 3 Court deems fit. Learned Counsel for the petitioner has further submitted that co-accused Lalit Kumar has already been released .
on bail, and therefore, the petitioner being similarly situated as Lalit Kumar, be also released on bail.
4. The petition is opposed by learned Additional Advocate General inter alia on the ground that taking into consideration the gravity of the offence alleged against the petitioner, he does not deserves any indulgence by the Court. Learned Additional Advocate General has argued that taking into consideration the fact that some of the main accused in the case, including the kingpin Bharat Yadav, are still absconding, therefore, there is each and every possibility that, if released on bail, the petitioner may try either to get in touch with said persons or they may try to get in touch with the petitioner and same may be detrimental to the fair trial of the case. Learned Additional Advocate General also argued that taking into consideration the fact that the petitioner is a permanent resident of State of Bihar, if released on bail, he may jump the bail, and thus, may not be available to face the trial, and on these grounds, it has been argued that the bail petition be dismissed. Factum of the co-accused Lalit Kumar having been released on bail by the Court of learned Judicial Magistrate 1st Class, Court No. 7, Shimla, has not been disputed by the State.
::: Downloaded on - 29/09/2022 20:05:08 :::CIS 45. In rebuttal, learned Counsel for the petitioner has submitted that in case the Court allows the present petition, then .
the present petitioner is ready to furnish two local sureties to the satisfaction of the learned Trial Court to the tune of Rs. 5.00 Lac each, and in addition, he undertakes to mark his presence at least once in a month in the concerned Police Station. Learned Counsel further submitted that the petitioner shall not make any contact with any of other accused and shall make himself available for the purpose of trial and also shall not jump the conditions of the bail.
6. I have heard learned Counsel for the parties and also gone through the averments made in the petition as well as documents appended therewith, including the status report. I have also gone through the order passed by learned JMFC (7), Shimla, in the case of Lalit Kumar Vs. State of H.P. dated 05.08.2022, in terms whereof, accused Lalit Kumar has been ordered to be released on bail.
7. As it is not in dispute that the allegation against the petitioner, as mentioned hereinabove, is that he hatched a conspiracy alongwith co-accused Subhash Chand, Lalit Kumar and Vikram Singh Chauhan, to do the acts, which have been alleged to have been committed by him and further as it is not in dispute that other co-accused Lalit Kumar has been ordered to be released on bail, therefore, this Court is of the considered view that ::: Downloaded on - 29/09/2022 20:05:08 :::CIS 5 denying bail to the present petitioner, who is similarly situated as Lalit Kumar above, would be discriminatory.
.
8. At this stage, learned Counsel for the petitioner has also submitted that the allegation of the prosecution that there is money trail linking the petitioner with the commission of the offence is not borne out from the record of the case.
9. Be that as it may, the Court is not making any observation on that because whether or not the petitioner is guilty of the offence alleged against him, but obvious, is a matter of trial and is to be decided by the learned Trial Court, however, taking into consideration the fact that co-accused Lalit Kumar has already been ordered to be released on bail, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 05 of 2022, dated 07.05.2022, registered at Police Station CID Bharari, District Shimla, H.P. under Sections 420 and 120-B of the Indian Penal Code, on his furnishing personal bond to the tune of Rs.2,00,000/- with two local sureties, each in the like amount to the satisfaction of learned CJM, Shimla, H.P. within a period of two weeks from today, subject further to the following conditions:-
The petitioner shall mark his presence at least once in a month in the concerned Police Station; He shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek ::: Downloaded on - 29/09/2022 20:05:08 :::CIS 6 exemption from appearance by filing appropriate application;
He shall not tamper with the prosecution evidence nor .
hamper the investigation of the case in any manner whatsoever.
He shall not 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 the Court or the Police Officer; and He shall not leave the territory of this Country. He shall not get in touch with other accused.
10. It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced in any manner whatsoever by any of the findings so returned by this Court in the adjudication of this petition during the course of the trial of the case. It is further clarified that in case the petitioner does not complies with any of the conditions, which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.
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(Ajay Mohan Goel) Judge September 29, 2022 (narender) ::: Downloaded on - 29/09/2022 20:05:08 :::CIS