Shiv Kumar And Others vs State Of Himachal Pradesh
2023 Latest Caselaw 8795 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                              .
                                                       CrMP(M) No. 1530 of 2023





                                                       Decided on            : 03.07.2023





    Shiv Kumar and others                                                 ...Applicants

                                             Versus





    State of Himachal Pradesh                                             ...Respondent


    Coram

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

    Whether approved for reporting?1



    For the applicants              :   Mr. Rajesh Kumar Parmar, Advocate.



    For the respondent :                Mr. Mohinder Zharaick, Mr. H.S.
                                        Rawat and Mr. Tejasvi Sharma,




                                        Additional Advocates General, with
                                        Ms. Leena Guleria and Ms. Avni





                                        Kochhar Mehta, Deputy Advocates
                                        General.





                                        SI Ram Gopal, I/O Police Station
                                        Nalagarh, H.P., is present alongwith
                                        the police record.


    Virender Singh, Judge. (Oral)

Applicants have filed the present application,

under Section 438 of the Code of Criminal Procedure

Whether Reporters of local papers may be allowed to see the judgment? Yes.

(hereinafter referred to as 'CrPC'), with a prayer to direct the

Police/Investigating Officer of Police Station Nalagarh, District

.

Solan, H.P., to release them on bail, in the event of their

arrest, in case FIR No. 173 of 2023, dated 15th June, 2023,

registered under Section 295-A of the Indian Penal Code

(hereinafter referred to as the 'IPC').

2. According to the applicants, they are law abiding

citizens and have nothing to do with the offence, for which,

they have been named as accused. They have termed the

complaint, on the basis of which, FIR has been registered,

against them, as false.

3. According to them, they are the respectable

citizens of the society and command good reputation in the

society. The FIR is stated to have been registered against

them, with an ulterior motive, to tarnish their image and drag

them in the false litigation.

4. The bail applicants have apprehended their arrest,

in this case. According to them, they are ready to abide by any

condition imposed by this Court, in case, any direction is

issued to the Police, under Section 438 CrPC.

5. On the basis of the above facts, Mr. Rajesh Kumar

Parmar, learned counsel appearing for the applicants, has

.

prayed that the bail application may kindly be allowed.

6. When put to notice, the police has filed the status

report, on 21st June, 2023, disclosing therein, that

complainant-Rajesh Sharma, has appeared before the police,

alongwith his companions, and produced a complaint,

disclosing therein that on 16th, 23rd and 30th May, 2023, as well

as, 6th and 13th June, 2023, in the fair of Sheetla Mata Mandir,

the followers of Sant Ram Pal, who is in jail, in connection

with treason, namely, Shiv Kumar, Dharam Singh, Lal Chand,

Sandeep Kumar, Bihari Lal, Hans Raj, Ramji Dass, Kumari

Chavi, Desh Raj, Vivek Kumar and some other persons, had

put a stall and were distributing books, containing the

contents, which are against Hindu religion. He has mentioned

the names of those books as Hindu Dharm Mahaan, Geeta

Tera Gyaan Amrit, Kabir Parmeshwar, Jeene Ki Raah, Gyaan

Ganga. The applicant has also purchased those books, but,

when he read the said books, then, he found objectionable

comment against The Bhagwad Gita, sages and Gods and

Goddesses of Hindu religion.

6.1. According to him, it has also been mentioned in

the books that Bhagwaan Shri Brahmaa, Shri Vishnu, Shri

.

Mahesh, do not know abc. Although, the rate has been

mentioned over these books as ₹ 200/- - ₹250/-, but, they were

selling those books for ₹ 5/-, ₹ 10/- and were also distributing

the same for free.

6.2. The complainant has further requested the police

to inquire about the funding and the person, who is getting

these books circulated.

6.3. On the basis of the above facts, the police

registered the FIR and the criminal machinery swung into

motion.

7. After perusing the status report, the interim

protection was given to the applicants, with a direction to join

the investigation.

8. In the status report, which has been filed on 27 th

June, 2023, it has been found that the applicants have joined

the investigation and the books were taken into possession.

9. The applicants were released on bail, in pursuance

of the directions of this Court.

10. As per the status report, which has been filed

today, the police has tried to nab the publisher of the books,

.

but, the publisher could not be contacted. On 1 st July, 2023,

the said publisher appeared before the police and has refused

that those books were published by him.

11. According to the status report, notices under

Section 91 CrPC were issued against the owner of the Printing

Press, but, he could not produce any document.

12. On the basis of the above facts, a prayer has been

made to dismiss the application.

13. From the stand taken by the police, in the status

reports, which have been filed on different dates, one thing is

clear that now, the police is investigating about the person,

who had got those books published.

14. The role allegedly played by the applicants, in the

commission of the crime, will be proved during the course of

the trial. The applicants have joined the investigation. The

status report, which has been filed today, is totally silent about

the fact that the custodial interrogation of the applicants is

required, in this case.

15. No other criminal history of any of the applicants

was found by the police. As such, presumption of innocence is

.

available to the applicants.

16. Considering all these facts, this Court is of the

view that the interim protection, which has been granted to

the applicants, is required to be confirmed.

17. Consequently, interim order, dated 21 st June,

2023, is made absolute.

r Therefore, it is ordered that the

applicants be released on bail, in the event of their arrest, in

case FIR No. 173 of 2023, dated 15th June, 2023, registered

under Section 295-A IPC, with Police Station Nalagarh,

District Solan, H.P., on their furnishing personal bonds, to the

tune of ₹ 30,000/-, with one surety each of the like amount, to

the satisfaction of the Investigating Officer. The bail is

granted, subject to the following conditions:

a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) That the applicants will not leave India, without prior permission of the Court;

c) That the applicants will 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 the Court; and

d) That the applicants shall 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;

.

18. 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 application.

19. The applicants are directed to move regular bail

applications, when charge sheet will be filed in the Competent

Court of Law.

20. 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 violated by the applicants.

( Virender Singh )

Judge July 03, 2023 ( rajni )