Himachal Pradesh High Court
Between vs The State Of Himachal Pradesh on 30 August, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
-1-
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 30h DAY OF AUGUST, 2022
BEFORE
HON'BLE MR. JUSTICE SATYEN VAIDYA
.
CRIMINAL MISC. PETITION MAIN 1854 OF 2022
Between:-
DIKSHANT GARG ALIAS PRINCE
SON OF SH. KULDEEP KUMAR,
RESIDENT OF VILLAGE PANJWIN,
POST OFFICE DHIRWIN, TEHSIL
BHORANJ, DISTRICT HAMIRPUR,
H.P. AGED ABOUT 22 YEARS OLD.
....PETITIONER
(SH. DEVENDER K. SHARMA, ADVOCATE)
AND
THE STATE OF HIMACHAL PRADESH.
....RESPONDENT
(SH. DESH RAJ THAKUR ADDITIONAL ADVOCATE GENERAL)
This petition coming on for orders this day, the Court
passed the following:
ORDER
The petitioner is an accused in case FIR No. 48 of 2020 dated 13.5.2022 under Sections 302 and 201 of the Indian Penal Code, registered at Police Station, Dharampur, District Mandi, H.P.
2. The brief facts necessary for adjudication of the petition are that since 26.4.2022, a boy namely Dheeraj Thakur was missing and to that effect, a missing report was ::: Downloaded on - 30/08/2022 20:04:59 :::CIS -2- recorded by the police on 30.4.2022 at the instance of mother of said Dheeraj Thakur. It was reported in the missing report that the son of the informant was an addict .
and she had come to know that accused Parul Thakur was also habitual of using 'Chitta'. The police was also informed that on the night of 26.4.2022, Dhreeraj Thakur had stayed in the house of Parul Thakur.
3. Later, it was found that Dheeraj Thakur had died in the house of Parul Thakur on the intervening night of 26/27.4.2022, after consuming the drug 'Chitta'. The case was registered and investigation carried. As per investigation report, after death of Dheeraj Thakur during intervening night of 26/27.4.2022, accused Parul Thakur with the help and aid of another accused Vikrant Guleria disposed the body of Dheeraj Thakur in 'Vakkar Khad'. They had used the car of petitioner for the purpose of carrying the body of deceased Dheeraj Thakur upto 'Vakkar Khad'.
4. It is alleged by the petitioner that accused Parul Thakur called the petitioner telephonically on 27.4.2022 and petitioner reached the house of Parul Thakur at about 2.00 P.M. on said date. It is further alleged that the petitioner also helped the co-accused Parul Thakur and Vikrant Guleria in causing disappearance of evidence of offence.
::: Downloaded on - 30/08/2022 20:04:59 :::CIS -3-5. Petitioner has sought bail on the ground that he has been falsely implicated. It is submitted on behalf of the petitioner that the petitioner was at Kapurthala in Punjab .
and had visited the house of co-accused Parul Thakur, when he was called telephonically by said Parul Thakur. It is further submitted that the petitioner is about 22 years old and his prolonged incarceration shall adversely affect his career. Petitioner is stated to be permanent resident of Village Panjwin, Post Office Dhirwin, Tehsil Bhoranj, District Hamirpur, H.P. Petitioner has undertaken to abide by all the conditions as may be imposed against him.
6. Perusal of status report filed on behalf of the respondent reveals that the petitioner is alleged to be accused under Section 201 IPC. The status report further reveals that as per the report of RFSL, Mandi, Amphetamine (Stimulant) was detected in the Liver, Spleen and Kidney of the deceased.
7. I have heard the learned counsel for the parties and have also gone through the case file carefully.
8. Perusal of status report submitted on behalf of the respondent does not reveal any direct connection of petitioner in the commission of alleged offence. Petitioner was not in the company of deceased immediately preceding ::: Downloaded on - 30/08/2022 20:04:59 :::CIS -4- his death. In fact, it is stated in the status report that petitioner had arrived in the house of Parul Thakur on 27.4.2022 from Kapurthala, Punjab, after having telephone .
call from him. The status report further reveals that petitioner was not aware about the death of Dheeraj Thakur even when the co-accused Parul Thakur and Vikrant Guleria had taken his car on a false pretext to dispose the body of deceased.
9. At the stage of deciding the bail petition, this Court is not to scan the evidence collected during investigation minutely. However, the material so collected can be looked into for the purposes of assessing the seriousness and gravity of allegations against the bail petitioner.
10. The police record also reveals that the probable cause of death of deceased Dheeraj Thakur was intake of Amphetamine. It has been opined by the RFSL, Mandi that Amphetamine is a central nervous system stimulant drug and is different from heroine. Access intake of this drug can cause sudden death of the individual. While recording missing report of her son, the mother of deceased had clearly stated that her son was a drug addict and so was Parul Thakur. In the given facts and circumstances of the case, no ::: Downloaded on - 30/08/2022 20:04:59 :::CIS -5- intent or knowledge is attributable to the petitioner for causing the death of deceased Dheeraj Thakur. It appears to be a case where the petitioner tried to help his friend in .
destroying the evidence.
11. On consideration of the facts and circumstances of the case, I am of the considered view that the indefinite incarceration of petitioner will not serve any fruitful purpose.
The allegations against the petitioner are to be proved after completion of trial, which is likely to take considerable time.
Otherwise also pretrial incarceration is not the rule.
Petitioner is in the prime of his youth and his prolonged incarceration is likely to affect his career adversely.
12. The investigation of the case is already complete and challan has been presented. There is no such apprehension that the release of petitioner on bail will adversely affect the trial of the case. It is also not the case of respondent that petitioner has potential to influence the prosecution witnesses.
13. In view of peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 48 of 2020 dated 13.5.2022 under Sections 302 and 201 of the Indian Penal Code, registered at Police Station, Dharampur, District Mandi, ::: Downloaded on - 30/08/2022 20:04:59 :::CIS -6- H.P., on his furnishing personal bonds in the sum of Rs.
1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court. This order, however, .
shall be subject to following conditions:-
i) That the petitioner shall make himself available during the entire trial of the case.
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 him from disclosing such facts to the Court or to the Police.
iii) That the petitioner shall not leave India without the prior permission of the Court.
14. 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) 30th August, 2022. Judge (kck) ::: Downloaded on - 30/08/2022 20:04:59 :::CIS