Kulveer Singh vs State Of Himachal Pradesh on 24 July, 2023

[Cites 8, Cited by 0]

Himachal Pradesh High Court

Kulveer Singh vs State Of Himachal Pradesh on 24 July, 2023

Bench: Virender Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1217 of 2023 .

                                                        Reserved on : 13.07.2023





                                                         Decided on : 24.07.2023
    Kulveer Singh                                                   ...Applicant





                                             Versus

    State of Himachal Pradesh                                              ...Respondent

    Coram




    For the Applicant

                                    :

The Hon'ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 Mr. Ankush Dass Sood, Senior Advocate with Mr. Sanjeev Kumar Suri, Mr. Rakesh Sharma & Mr. Vijay Kumar, Advocates.

For the respondent : Mr. Mohinder Zharaick, Additional Advocate General with Ms. Avni Kochhar Mehta, Deputy Advocate General.

Virender Singh, Judge.

ApplicantKulveer Singh has filed the present application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.PC'), in case FIR No.209 of 2022, dated 08.07.2022, registered under Section 302 of the Indian Penal Code, (hereinafter referred to as the 'IPC'), 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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and Section 25 of the Arms Act, registered with Police Station Nurpur, District Kangra, H.P. .

2. According to the applicant, he is permanent resident of District Kangra and have deep roots in the society.

According to him, he has been falsely implicated in this case and has been arrested on 08.07.2022. From the date of his arrest, he is stated to be in judicial custody.

3. According to applicant, investigation in the present case is complete and the report under Section 173(2) Cr.PC, against him, has already been filed in the Court.

4. According to the applicant, he has no concern, whatsoever, with the offences, for which, he has been arrested in this case. Heavily relying upon the report of DNA, it is the case of the applicant that this document is fatal for the case of the prosecution.

5. Since the applicant is stated to be in judicial custody, as such, according to him, no useful purpose would be served by keeping him in judicial custody for indefinite period.

6. According to applicant, there are 30 witnesses to be examined in this case and yet no witness has been ::: Downloaded on - 25/07/2023 20:40:40 :::CIS 3 examined. From this fact, it has been argued by learned counsel for the applicant that chances of commencement and .

conclusion of the trial, against the applicant, in near future, are not so bright. The case is stated to be fixed for PWs on 28.9.2023.

7. The applicant has also tried his luck before learned Additional Sessions JudgeI, Kangra at Dharamshala, H.P., by moving the application under Section 439 Cr. P.C., which has been dismissed, vide order dated 17.12.2022. He has also tried his luck earlier by moving the application for bail, however, the same was dismissed as withdrawn on 24.1.2023.

8. Learned counsel appearing for the applicant has also given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, he is ordered to be released on bail.

9. On the basis of the above fact, Mr. Ankush Dass Sood, learned Senior Advocate assisted by Mr. Sanjeev Kumar Suri, Advocate, has prayed that the application may kindly be ::: Downloaded on - 25/07/2023 20:40:40 :::CIS 4 allowed and the applicant, during the pendency of the trial, may kindly be ordered to be released on bail.

10. When put to notice, the police filed the status report disclosing therein that on 8.7.2022, complainant Chander Kumar, made a statement under Section 154 Cr.PC, to the Police, disclosing therein that he is running a Dhaba under the name and style of 'Shammi Fish Corner' at Talada.

On 7.7.2022, he has opened the shop at about 1.30 p.m. In the evening, at about 8.15 p.m., when, he was present in his shop, Mintu, Raghu, Soni and Pratap, came there.

10.1. After coming to the shop, they had placed an order for fried eggs. Consequently, the complainant had started preparing the ordered dish. They were having liqour with them and they had started consuming the same.

10.2. At about 9.15 p.m., applicant Kulvir @ Fauji, came there. As soon as, he reached, at the spot, he had started abusing Onkar @ Soni. When, he was challenged by Soni, then the accused has taken out a 'Khukhri' (a short sword) and inflicted two blows on the chest and stomach of Onkar. Upon which, he fell down and blood started oozing out of his wounds.

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10.3. Thereafter, accused Kulveer (applicant) fled away from the spot and the complaint directed Mintu and Raghu to .

put Onkar @ Soni, in the vehicle and to take him to Hospital.

Thereafter, the injured was taken to Hospital at RajaKa Talab.

10.4. Thereafter, the complainant had gone to his home and disclosed this fact to his neighbour, who happens to be the Pradhan, Gram Panchayat. Later on, he came to know from Pradhan, that said Onkar had expired during treatment.

10.5. When the complainant reached at the Hospital, then, he noticed the dead body of Onkar, in the emergency ward of the Hospital. Lastly, he has got recorded that Kulveer @ Fauji (applicant) has killed Onkar @ Soni, by inflicting injuries with the help of 'Khukhri' on his chest and stomach.

10.6. On the basis of the above facts, police registered the FIR and the criminal machinery swung into motion.

10.7. Postmortem examination of the dead body of the Onkar @ Soni was conducted. Applicant, thereafter, was associated in the investigation. In the investigation, according to the status report, he has disclosed that the deceased owed a ::: Downloaded on - 25/07/2023 20:40:40 :::CIS 6 sum of Rs.10,000/ from him and despite repeated requests, he was not returning the amount, and proclaimed that the .

applicant is free to take any action against him. He has further disclosed to the police that at about 9.15 p.m., on the day of incident, he had reached at Shammi Fish Corner, and when, he had demanded the money from him, the deceased has refused to repay the same. As such, he has inflicted two injuries and fled away from the spot. Upon which, the accused was arrested.

10.8. The spot was visited and photography and videography was also conducted. During the police custody, the accused made a statement under Section 27 of the Indian Evidence Act and got recovered the 'Khukhari'. On the basis of the recovery of the 'Khukhari', the provisions of Section 25 of the Arms Act were added in this case.

10.9. It is also the case of the Police that one day prior to the incident, at about 8.00 p.m., the accused made the injured to sit in his vehicle and demanded the money. A verbal altercation also had taken place there. However, the deceased got himself free from the clutches of the accused.

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Thereafter, the accused had also gone to the uncle of the deceased and also threatened him to kill Onkar.

11. After completion of the investigation, the police filed the report under Section 173(2) Cr.PC. The case is now stated to be pending in the Court of learned Additional Sessions Judge, Nurpur, District Kangra.

12. It is the specific case of the police, in the status report that except the present case, no other case has been found to be registered against the applicant.

13. In view of the above facts, it is not in dispute that the applicant is in judicial custody and as such, he is no longer required by the police for custodial interrogation.

14. The Police has also filed the report under Section 173(2) Cr.PC, against him. The accused, no doubt, was arrested in a serious offence, but, the pretrial punishment is prohibited under the law and the application can not be rejected as a matter of punishment. Punishment can only be imposed, after the full fledged trial.

15. The role allegedly played by the applicant, in the commission of the crime, will be considered by the learned ::: Downloaded on - 25/07/2023 20:40:40 :::CIS 8 trial Court on the basis of evidence, which has been adduced before it.

16. Since the applicant is stated to be in judicial custody, as such, no useful purpose would be served by keeping him in judicial custody for indefinite period as the chances of conclusion of trial against the applicant are not so bright. In this case only charge has yet been framed against the accused.

17. The applicant is permanent resident of District Kangra, and there is no apprehension that, in case he is released on bail, he may not be available for the purpose of trial or may coerce the witnesses. The presumption of innocence, is still available to the applicant.

18. When the trial has not yet commenced, then keeping the applicant in judicial custody will not serve any purpose. In case, the applicant is ordered to be released on bail, he may be in a position to pursue his case in an effective manner.

19. At the time of deciding the bail application, the Court should refrain from discussing the evidence so collected ::: Downloaded on - 25/07/2023 20:40:40 :::CIS 9 by the police, as it would cause prejudice to the case of the applicant, as well as, to the prosecution.

20. Keeping in view of the pace of the trial, this Court is satisfied that the chances of conclusion of trial against the accused, in near future, are not so bright.

21. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.209 of 2022, dated 08.07.2022, under Section 302 IPC and Section 25 of the Arms Act, registered with Police Station, Nurpur, District Kangra, H.P., on his furnishing personal bond in the sum of Rs.50,000/, with one surety in the like amount, to the satisfaction of learned trial Court.

22. This order of release, however, shall be subject to the following conditions:

"a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

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b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and

d) He shall not leave the territory of India without the prior permission of the Court."

23. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present bail application.

24. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant.

25. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, SubJail, Nurpur, through email, with a direction to enter the date of grant of bail in the eprison software.

26. In case, the applicant is not released within a period of seven days from the date of grant of bail, the ::: Downloaded on - 25/07/2023 20:40:40 :::CIS 11 Superintendent of Jail, SubJail, Nurpur is directed to inform this fact to the Secretary, DLSA, Kangra at Dharamshala. The .

Superintendent of Jail, SubJail, Nurpur, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.

                   r           to          ( Virender Singh )
                                                 Judge

    July 24, 2023(ps)








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Himachal Pradesh High Court