Cr.M.P(M) Nos. 2663 & 2664 of 2023
Reserved on : 03.11.2023
Decided on: 10th November, 2023
Cr.M.P(M) No. 2663 of 2023
Tanuja Chandola .......Applicant
Versus
State of H.P. ...Respondent
Cr.M.P(M) No. 2664 of 2023
Suraj Chandola .......Applicant
Versus
State of H.P. ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant(s): Mr. K.S. Gill, Advocate. For the respondent: Mr. Tejasvi Sharma, Addl. A.G with Mr. H.S. Rawat, Addl. A.G and Ms. Leena Guleria, Dy. A.G assisted by SI Praveen Singh, PS, Nalagarh.
Virender Singh, Judge.
This order of mine shall dispose of above titled bail applications, which have been filed by the applicants, under 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. 2 Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), for releasing them on bail, during the pendency of trial, in case FIR No. 285 of 2023, dated 08.10.2023, registered with Police Station Nalagarh, District Solan, H.P., under Sections 420, 467, 468, 471 read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC')
2. According to the applicants, they are innocent persons and have falsely been implicated in the present case. According to them, the ingredients of Sections 420, 467, 468, 471 read with Section 34 IPC would not be attracted in the present case. Both of them have put forward their young age for seeking the relief. According to them, they are no longer required by the police, in this case.
3. The applicants have given certain undertakings, for which, they are ready to abide by, in case ordered to be released on bail.
4. When put to notice, the police has filed the status report, disclosing therein, that on 08.10.2023, SI Ashok Rana, IO/PS, Nalagarh was investigating case FIR No. 194 of 2023, dated 13.07.2023, under Sections 389, 387A, 416, 506, 120B IPC.
34.1. According to the status report, the applicants, proclaim themselves as husband and wife. Applicant Tanuja Chandola has produced the prescription slip from Civil Hospital, Baddi bearing OPD No.32595 and 1524. The said prescription slip was sent to SMO, Baddi for verification, upon which, SMO, Civil Hospital, Baddi has submitted the report vide letter dated 18.09.2023, disclosing therein, that in reference to the letter No. SPLOI dated 18.09.2023, it has been intimated that there are two general OPD registers maintained in the hospital for registration. One register is meant for factory/company employees and the other for general public. As per record, OPD No. 32595 of general OPD register, name of Gurnam Singh son of Banarasi Das, Ward No. 1, Baddi 68 years male has been mentioned, whereas, in the other register meant for factory/Company employees at Serial No. 1524, name of one Saneya Chadda, daughter of Tara Dutt, 22 years female, has been recorded. 4.2. On the basis of above facts, the police registered the FIR in question and the criminal machinery swung into motion. During investigation, it was found that both the applicants were found at Meerut in a rented accommodation. Both were brought to police station and during investigation 4 applican Suraj Chandola has produced vehicle No. UIK04AH- 2441, which was taken into possession. When, the said vehicle was searched, a diary having the words 'Pal Stone Industries Ltd." written on it was found. When, the said diary was checked, then, the photocopies of movement order stamp of Col. Station Staff Office, Headquarter Haldwani was found. The said document pertains to Sepoy Suraj Chandola and the document is pertaining to his 33 days casual leave, from 1st October, 2023 to 30th October, 2023. In the said diary, the phone numbers of SHO Nalagarh and SI Ashok Rana, have been mentioned.
4.3. On the basis of above facts, on 12.10.2023, both the applicants were arrested. During investigation, accused Suraj Chandola has made a disclosure statement, under Section 27 of the Evidence Act and identified the place from where, he had lifted the prescription slip. According to the police, some cutting/alteration has been found in the movement order, as such, provisions of Section 117 were added in this case.
4.4. The police has also highlighted the fact that FIR No. 194 of 2023 has also been registered against the applicants.
5
5. On the basis of above facts, a prayer has been made to dismiss the application.
6. The role allegedly played by the applicants in the commission of offences will be proved during the course of trial. Considering the stand of the police, in the status report, custodial interrogation of the applicants, in this case, has not been prayed. As such, no useful purpose would be served by keeping the applicants in the judicial custody, that too, for the indefinite period.
7. The bail applications cannot be rejected on the ground that both of them have also been named as accused in FIR No. 194 of 2023, dated 13.07.2023.
8. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed.
9. The applicants are ordered to be released on bail in case FIR No. 285 of 2023, dated 08.10.2023, registered with Police Station Nalagarh, District Solan, H.P., under Sections 420, 467, 468, 471 read with Section 34 IPC, on their furnishing personal bail bond, in the sum of ₹30,000/- each, with two sureties each of the like amount, out of which one should be local, to the satisfaction of learned 6 ACJM/JMFC, Nalagarh/Duty Magistrate, Solan. This order, however, shall be subject to the following conditions:
a) They shall make themselves 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;
b) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c) They 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) They shall not leave the territory of India without the prior permission of the Court/I.O.
10. Any of the observations, made hereinabove, 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 applications.
11. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicants.
12. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Solan through e- 7 mail, with a direction to enter the date of grant of bail in the e-prison software.
13. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Solan is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, Solan is further directed that if the applicants fail 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.
November 10, 2023 ( Virender Singh ) (naveen) Judge Digitally signed by RAJNI Date: 2023.11.10 16:39:13 IST