Pankaj vs State Of Himachal Pradesh
2023 Latest Caselaw 17432 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   CrMP(M) No.            2745 of 2023




                                                                               .

                                                   Decided on            :    03.11.2023


    Pankaj                                                                   ...Applicant





                                              Versus

    State of Himachal Pradesh                                                ...Respondent


    Coram


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

    Whether approved for reporting?1

    For the applicant                : Mr. Mukul Sood, Advocate.


    For the respondent : Mr. Tejasvi Sharma, Additional
                         Advocate General, assisted by HC
                         Suresh Kumar, No. 135, Police




                         Station    Panchrukhi,     District
                         Kangra, H.P.





    Virender Singh, Judge. (Oral)

Applicant-Pankaj is apprehending his arrest,

in case FIR No. 91 of 2023, dated 25 th October, 2023,

registered under Sections 452, 427 and 504 of the Indian

Penal Code (hereinafter referred to as 'IPC'), with Police

Station Panchrukhi, District Kangra, H.P.

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

2. By way of the present application, the

applicant has sought the indulgence of this Court, to

.

direct the Police/Investigating Officer of Police Station

Panchrukhi, District Kangra, H.P., to release him, on

bail, in the event of his arrest, in the above-mentioned

FIR.

3. The applicant has pleaded that he is an

innocent person and has falsely been implicated, in this

case.

4. As per the applicant, he is having clear

antecedents and having deep roots in the society.

5. The applicant has given certain undertakings,

for which, he is ready to abide by, in case, directions are

issued, under Section 438 CrPC, to the police.

6. On the basis of the above facts, learned

counsel appearing for the applicant, has prayed that the

bail application may kindly be allowed.

7. When put to notice, the police filed the status

report, disclosing therein, that on 25th October, 2023,

one Sushil Kumar, r/o Batahan, had telephonically

informed the police that his neighbour Pankaj (applicant)

had abused him and broken the glasses of the door and

.

also caused damages to the CCTV camera. Upon this,

the police visited the spot, where complainant-Nishu

Bala got recorded her statement, under Section 154

CrPC.

7.1. According to the deposition of the

complainant, her husband is a teacher. On 25 th October,

2023, when, her husband had gone to attend his duties

and her children had gone to school, she was alone at

home. At about 01.45 p.m., their neighbour Pankaj

Kumar @ Akka (applicant) came to the verandah of their

house and started shouting loudly. He had also

threatened her to come out and to close the case, which

had been lodged against him. The applicant had also

abused the complainant.

7.2. As per the complainant, when, she apprised

him that she is all alone and would open the door, only

when, her husband will come back, upon which, the

applicant started causing damages to the articles there.

He had also damaged the CCTV camera. The door was

having the central lock, as such, the applicant could not

.

enter the room. The complainant, thereafter, informed

her husband. After some time, one Bidhi Chand came

there, upon which the applicant left the spot.

7.3. The complainant has further deposed that in

the year 2021 also, the applicant had attacked her, upon

which, the FIR was got registered against him.

7.4. On the basis of these facts, a prayer has been

made to take action against the accuse (applicant), upon

which, the police registered the case and the criminal

machinery swung into motion.

8. After perusing the said status report, the

interim protection was granted to the applicant and the

Investigating Officer was directed to release the applicant

on bail, in the event of his arrest and the matter has

been adjourned for today.

9. Today, the police has filed the supplementary

status report, disclosing therein that pursuant to the

directions of this Court, the applicant has joined the

investigation and has been released on bail.

.

10. As per the supplementary status report,

during investigation, it has been found that the applicant

had gone to the house of the complainant and when, she

had refused to open the door, he had started damaging

the articles there.

11. Apart from this, it has also been mentioned in

the supplementary status report that following two other

cases have already been registered against the applicant:

(i) Case FIR No. 15 of 2020, dated 21st February,

2020, under Sections 341, 323, 504, 34 IPC; and

(ii) Case FIR No. 75 of 2021, dated 24 th November, 2021, under Sections 341, 323, 336, 506 IPC.

12. Both the cases are stated to be pending.

13. On the basis of the above facts, a prayer has

been made to dismiss the bail application.

14. Heard.

15. Pursuant to the directions of this Court, the

applicant has joined the investigation and the status

report is totally silent about the custodial interrogation

of the applicant.

16. Mere registration of two other cases, which

are admittedly pending adjudication, relief of bail to the

.

applicant cannot be declined, as, mere registration of

those cases do not take away the presumption of

innocence from the applicant.

17. The bail application cannot be rejected as a

matter of punishment as the role allegedly played by the

applicant in the commission of the crime, will be proved

during the trial.

18. The applicant is permanent resident of

District Kangra and as such, it cannot be apprehended

that in case, the interim order is made absolute, he may

not be available for the trial.

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

view that the interim protection, which has been granted

to the applicant, vide order, dated 30 th October, 2023, is

liable to be confirmed.

20. Consequently, interim order, dated 30th

October, 2023, is made absolute. Therefore, it is ordered

that the applicant be released on bail, in the event of his

arrest, in case FIR No. 91 of 2023, dated 25th October,

2023, registered under Sections 452, 427 and 504 IPC,

.

with Police Station Panchrukhi, District Kangra, H.P., on

his furnishing personal bonds, to the tune of ₹ 30,000/-,

with one surety of the like amount, to the satisfaction of

the Investigating Officer. The bail is granted, subject to

the following conditions:

a) That the applicant will join the investigation of the case, as and when, called for, by the

Investigating Officer, in accordance with law;

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

c) That the applicant 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 applicant 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;

21. 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.

22. The applicant is directed to move regular bail

application, when charge sheet will be filed in the

.

Competent Court of Law.

23. 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

applicant.

                    r                     ( Virender Singh )
                                                Judge

    November 03, 2023
           ( rajni )