District Chamba vs State Of Himachal Pradesh
2022 Latest Caselaw 3324 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 12th DAY OF MAY, 2022

                           BEFORE




                                                     .
       HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA





          CRIMINAL MISC. PETITION (MAIN) No. 888 OF 2022





    Between:-

    DHUTU RAM S/O SH. MOHIA
    RAM, AGED 61 YEARS R/O VPO
    BASODHAN,    TEHSIL    AND





    DISTRICT CHAMBA, H.P.

                   r                                 ......PETITIONER

    (BY MR. AJAY SHARMA SENIOR
    ADVOCATE WITH MR. AJAY

    THAKUR, ADVOCATE.)

    AND


    STATE OF HIMACHAL PRADESH.

                                                   ......RESPONDENT




          CRIMINAL MISC. PETITION (MAIN) No. 889 OF 2022





    Between:-

    PARAS RAM S/O SHRI HIRU RAM,





    AGED 64 YEARS, R/O VPO
    BASODHAN,     TEHSIL     AND
    DISTRICT CHAMBA, H.P.

                                                     ......PETITIONER

    (BY MR. AJAY SHARMA SENIOR
    ADVOCATE WITH MR. AJAY
    THAKUR, ADVOCATE)




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    AND

    STATE OF HIMACHAL PRADESH.

                                                                          ......RESPONDENT




                                                                            .

    (BY MR. SHIV PAL MANHANS
    ADDITIONAL       ADVOCATE
    GENERAL, WITH MR. YUDHVIR





    SINGH    THAKUR,   DEPUTY
    ADVOCATE GENERAL.)





    1    WHETHER APPROVED FOR REPORTING?                                        Yes
    This petition coming on for orders this day, the Court passed the following:

                                              ORDER

The present bail applications have been maintained by

the petitioners under Section 438 of the Code of Criminal

Procedure seeking their release in case FIR No. 67 of 2022, dated

19.04.2022, under Sections 420, 467, 468, 471, 120B IPC,

registered at Police Station Amb, District Una, H.P.

2. As per the averments made in the petition, the

petitioners are innocent and have been falsely implicated in the

present case. They are neither in a position to tamper with the

prosecution evidence nor in a position to flee from justice, as they

are permanent residents of the place. No fruitful purpose will be

served by sending them behind the bars, so they be released on

bail.

3. Police report stands filed. As per story of the

Whether reporters of Local Papers may be allowed to see the judgment?

prosecution, a complaint of Sh. Kamal Dev was received, in which

it has been alleged that Sh. Dhutu Ram (Pradhan) and Sh. Paras

Ram, Secretary of the Kaded Co-operative Multipurpose Society

.

Ltd. (petitioner herein), had issued a fake experience certificate to

Sh. Arun Kumar. On the basis of that certificate, Sh. Arun Kumar

got a job of Secretary in Bhaira Co-operative Agriculture Service

Society, Una. On 5.5.2022 the record regarding issuance of

experience certificate has been received and as per the record, the

petitioners were found incompetent to issue such experience

certificate for that period. Lastly, it is prayed that the bail

application of the petitioners be dismissed, and in case they are

enlarged on bail, at this stage, they may tamper with the

prosecution evidence and may also flee from justice. It is prayed

that at this stage, the bail application of the petitioners be

dismissed.

4. I have heard the learned Counsel for the petitioners,

learned Additional Advocate General for the State and gone

through the records, including the police report, carefully.

5. The learned Counsel for the petitioners has argued

that the petitioners have been falsely implicated in the present

case. He has further argued that the petitioners are neither in a

position to tamper with the prosecution evidence nor in a position

to flee from justice, as they are permanent residents of the place.

No fruitful purpose will be served by keeping the petitioners behind

the bars for an unlimited period, Conversely, the learned

Additional Advocate General has argued that the petitioners were

.

found involved in a serious offence, so in case the petitioners are

enlarged on bail, at this stage, they may tamper with the

prosecution evidence and may also flee from justice. It is prayed

that the bail application of the petitioners be dismissed.

6. In rebuttal the learned Counsel for the petitioners has

argued that the petitioners are neither in a position to flee from

justice nor in a position to tamper with the prosecution evidence.

Their custody is not at all required by the police, as nothing

remains to be recovered at the instance of the petitioners, so the

petitioners may be enlarged on bail by allowing the instant bail

petition.

7. At this stage, considering the manner in which the

offence is alleged to have been committed by the petitioners and

the nature of the offence, the fact that the petitioners are

permanent residents of the place, thus they are neither in a

position to tamper with the prosecution evidence, nor in a position

to flee from justice, the custody of the petitioners is not at all

required by the police, as the petitioners are joining and co-

operating in the investigation, the petitioners are ready and willing

to abide by the terms and conditions of bail, in case granted, the

fact that sending the petitioners behind the bars will not serve any

fruitful purpose, and also considering the overall facets of the case

and without discussing them elaborately, this Court finds that the

.

present is a fit case where the judicial discretion to admit the

petitioners on bail, in the event of their arrest, in this case, is

required to be exercised in their favour. Accordingly, the petition

is allowed and it is ordered that the petitioners, in the event of

their arrest, in case FIR No. 67 of 2022, dated 19.04.2022, under

Sections 420, 467, 468, 471, 120B IPC, registered at Police Station

Amb, District Una, H.P., shall be released on bail forthwith in this

case, subject to their furnishing personal bond in the sum of

Rs.25,000/- (rupees twenty five thousand) each with one surety

each in the like amount to the satisfaction of the Investigating

Officer. The bail is granted subject to the following conditions:-

(i) That the petitioners shall appear before the learned Trial Court/ Police/ authorities as and when required.

(ii) That the petitioners shall not leave India without prior permission of the Court.

(iii) That the petitioners 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/her from disclosing such facts to the Investigating Officer or Court.

8. In view of the above, the petition is disposed of.

CRMPM No. 888 of 2022

9. Needless to say that the observations made

hereinabove are only confined for adjudication of the present case

.

and the same shall have no bearing on the merits of the main case,

which shall be adjudicated on its own.

Copy dasti.

                                           (Chander Bhusan Barowalia )





    12th May, 2022                                  Judge
         (himani)