Himachal Pradesh High Court
Shashi Tyal vs State Of H.P on 27 April, 2023
Author: Satyen Vaidya
Bench: Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 882 of 2023
Decided on : 27.4.2023.
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Shashi Tyal ...Petitioner.
Versus
State of H.P. ...Respondent
Coram:
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the petitioner : Ms. Rajini Dogra, Advocte.
For the respondent : Ms. Ranjana Patial, Deputy
Advocate General.
Satyen Vaidya, Judge:
The petitioner has approached this Court for grant of pre-arrest bail in case FIR No. 10 of 2023, dated 12.1.2023, registered at Police Station, Una Sadar, District Una, H.P. under Sections 457 & 380 of IPC.
2. The case was registered on 12.1.2023 on the complaint of an officer of BSNL with the allegations that a theft had been committed in the store of BSNL at Madanpur-Basoli, District Una, H.P., during the intervening night of 11th and 12th January, 2023. 438 meters of cable worth Rs. 2,69,389/- was alleged to have been stolen. It was also reported to the police 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 27/04/2023 20:41:48 :::CIS -2-that the night watchman on duty was locked in a room and the offence was committed.
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3. Police suspected the commission of crime by the owner of a pickup vehicle, which was traced during investigation in the vicinity of the BSNL Store through some CCTV camera footage. Police interrogated the owner of the vehicle and finally it came to the notice of the police that one person named Akash was the driver of the vehicle and had brought the vehicle to District Una on 7.1.2023. The said Akash was arrested and now he stands released on bail by the learned Judicial Magistrate, 1st Class, Court No.2, Una. The status report filed on behalf of the respondent further reveals that on the basis of disclosure allegedly made by accused Akash, another person named Chhalo Nath was arrested.
Police has further come up with a story that Akash and Chhalo Nath had committed the offence of theft with the aid of certain other persons and had sold the stolen property to the petitioner. It is further stated that recovery of ten quintals of cable wire has been effected from the petitioner but the complainant has not identified the said property to be the stolen property.
::: Downloaded on - 27/04/2023 20:41:48 :::CIS -3-4. Petitioner has prayed for grant of bail on the grounds that he has been falsely implicated. The petitioner is .
permanent resident of Bungalow No. 150, Pasantlal Road, Firozpur Cantt. District Firozpur, Punjab and there is no likelihood of his absconding or fleeing from the course of justice.
5. I have heard learned counsel for the parties and have also gone through the record carefully.
6. The case was registered on 12.1.2023. More than three months have elapsed but the police has not been able to lay hands on any evidence against the petitioner, save and except, the disclosure made by the accused person. The disclosure of accused person relied upon by the respondent State cannot be said to be legal evidence. In nut-shell till date except for suspicion, police does not have any legal evidence against the petitioner to connect him with the alleged offence.
7. In light of above discussion, it cannot be said that the custodial interrogation of petitioner is warranted in the facts of the case. The custodial interrogation cannot be used for extracting confession. No case for custodial interrogation has been made out.
::: Downloaded on - 27/04/2023 20:41:48 :::CIS -4-8. Petitioner is permanent resident of Bungalow No. 150, Pasantlal Road, Firozpur Cantt. District Firozpur, Punjab.
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There is no criminal history attributed to him. There is nothing on record to suggest that in case of release of petitioner on bail, the petitioner shall be in a position to influence the investigation in any manner. There is no likelihood of petitioner absconding or fleeing from the course of justice.
9. In view of peculiar facts and circumstances of the case, petition is allowed and in the event of petitioner being arrested, the petitioner will be released on bail in case FIR No. 10 of 2023, dated 12.1.2023, registered at Police Station, Una Sadar, District Una, H.P. under Sections 457 & 380 of IPC, on his furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/ Arresting Officer. This order shall, however, be subject to the following conditions: -
i) That the petitioner shall continue to join investigation as and when required.
ii) 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 her from ::: Downloaded on - 27/04/2023 20:41:48 :::CIS -5- disclosing such facts to the Court or to any police officer;
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iii) That breach of any of the bail condition by the petitioner shall entail cancellation of the bail.
iv) That the petitioner shall not leave India without prior permission of the Court.
10. 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)
27th April, 2023 Judge
(kck)
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