Himachal Pradesh High Court
Krishan Chand Alias Chottu vs State Of H.P on 9 February, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF FEBRUARY, 2022
BEFORE
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
.
CRIMINAL MISC. PETITION (MAIN)
No.17 of 2022
Between:-
KRISHAN CHAND ALIAS CHOTTU
S/O SH. DHARAM CHAND,
R/O VPO KUFRI,
TEHSIL & DISTRICT SHIMLA, H.P.
AGED ABOUT 51 YEARS,
THROUGH HIS NIECE NIDHI THAKUR,
D/O SH. MADAN THAKUR,
R/O VPO KUFRI,
TEHSIL & DISTRICT SHIMLA, H.P.
AGED ABOUT 23 YEARS.
.....PETITIONER
(BY MR. MANOJ PATHAK, ADVOCATE)
AND
STATE OF H.P.
.....RESPONDENT
(BY MR. HEMANT VAID, MR. HEMANSHU MISHRA AND
MR. BHARAT BHUSHAN, ADDITIONAL ADVOCATES
GENERAL
S.I. TEK RAM, POLICE STATION DHALLI, PRESENT IN
PERSON.
This petition coming on for order this day, the Court
passed the following:
ORDER
The present bail petition arises out of FIR No.216/21, dated 23.11.2021, registered with Police Station ::: Downloaded on - 09/02/2022 20:11:24 :::CIS 2 Dhalli, District Shimla, under Sections 306, 355, 342 and 506 of Indian Penal Code.
2. The FIR was registered on the basis of complaint of .
one Shri Ramesh Kumar. He reported that:-
2(i) His maternal Aunt Krishna Devi is a single mother.
Shri Sandeep Sharma alias Sunny was her only son. Shri Sandeep Sharma had been working in the beer bar of the petitioner for last 9-10 months.
2(ii) On 14.11.2021, Shri Sandeep Sharma went to the petitioner's bar, where petitioner gave him beatings and smeared his face with black substance. Shri Sandeep Sharma was paraded by the petitioner in Chini Bungalow. He thereafter, came alongwith one Shri Sunder Singh to his house. He called his mother and narrated the entire incident to her. He also statedly disclosed to his mother that the petitioner had forced him (Sandeep Sharma) to sell illicit liquor. On his refusal to do so, petitioner gave him beatings and humiliated him in the public by smearing black substance on his face.
2(iii) On 16.11.2021, Shri Sandeep Sharma again went to Chini Bungalow and returned in the evening.
2(iv) On 17.11.2021, Shri Sandeep Sharma came to his home. He took Rs.200/- from his mother and went away.
2(v) On 18.11.2021, Sandeep Sharma's mother received a call from one Shri Raj Dev, informing her that Sandeep ::: Downloaded on - 09/02/2022 20:11:24 :::CIS 3 Sharma was sleeping in his room and was not feeling well. Shri Sandeep Sharma's mother requested the complainant to go and check on him. On inquiry by the complainant, Raj Dev informed .
that Sandeep Sharma had consumed some alcohol. Shri Sandeep Sharma started vomiting when the complainant was taking him to his house. He was rushed to IGMC Shimla. The Doctors there revealed that he (Sandeep Sharma) had consumed poison. He died on 19.11.2021.
As per the status report, during investigation, it has come that deceased Shri Sandeep Sharma was given beatings by the bail petitioner on 14.11.2021 in his bar. Further that his face was smeared with black substance and he was paraded in the local market. The humiliation so caused, prompted Shri Sandeep Sharma to commit suicide.
3. I have heard learned counsel for the parties and have gone through the record.
4. Learned counsel for the petitioner submitted that the petitioner is innocent. He has been falsely implicated in the present case. That the prosecution case against the petitioner is highly doubtful and improbable. The evidence collected by the prosecution is very fragile to support the case against the petitioner. Learned counsel also submitted that the petitioner is aged 51 years and is suffering from certain ailments. The investigation in the matter is almost over. Further incarceration ::: Downloaded on - 09/02/2022 20:11:24 :::CIS 4 of the petitioner, therefore, will not advance cause of justice. It was also submitted that the petitioner will abide by all the conditions which may be imposed upon him, in case he is .
enlarged on bail.
Opposing the bail petition, learned Additional Advocate General submitted that the deceased had committed suicide by consuming poison subsequent to his insult and beatings given by the petitioner. Considering the nature of offence committed by the petitioner, he is not entitled to be released on bail. Learned Additional Advocate General also submitted that the petitioner has criminal record and as many as six cases under the Excise Act were registered against him.
5. The incident involving the bail petitioner had allegedly occurred on 14.11.2021. The matter had not been reported to the police at that time. As per the status report, Shri Sandeep Sharma had gone about doing his daily routine on 14th, 15th, 16th and 17th November, 2021. He allegedly consumed poison on 18.11.2021 and he died on 19.11.2021. The FIR was registered on 23.11.2021. Events subsequent to 14.11.2021 and the delay in lodging the FIR are the matters to be explained by leading cogent and convincing evidence before the learned Trial Court. All these aspects are to be considered by the learned Trial Court after appreciating the evidence. As per the status report, challan in the matter has already been presented ::: Downloaded on - 09/02/2022 20:11:24 :::CIS 5 on 24.01.2022. The petitioner was arrested on 23.11.2021 and has completed more than two months in the custody. Nothing incriminating remains to be recovered from him. In so far as .
registration of criminal cases against the petitioner is concerned, the same are under the Excise Act and out of which, three cases have statedly been decided in his favour. The petitioner is 51 years of age and is resident of district Shimla, therefore, his presence can be ensured in the trial. In the facts and circumstances of the case, further detention of the petitioner is not warranted. Accordingly, the present petition is allowed.
Petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs. 50,000/-
(Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned, subject to the 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.
(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.::: Downloaded on - 09/02/2022 20:11:24 :::CIS 6
(v). In case the petitioner is put to trial, then he 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 his 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 his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.
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 made clear 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 application(s), if any.
Copy dasti.
Jyotsna Rewal Dua Vacation Judge February 09, 2022 R.Atal ::: Downloaded on - 09/02/2022 20:11:24 :::CIS