Kaka Deen @ Rana Deen vs State Of Himachal Pradesh
2023 Latest Caselaw 15258 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                      CrMPs(M) No. 2415 to 2417 of 2023




                                                                              .

                                             Decided on           :    04.10.2023





    CrMP (M) No. 2415 of 2023
    Kaka Deen @ Rana Deen                                                 ...Applicant

                                              Versus





    State of Himachal Pradesh                                             ...Respondent
    ........................................................................................
    CrMP (M) No. 2416 of 2023
    Billu @ Jakub Deen
                          r                                               ...Applicant

                                              Versus

    State of Himachal Pradesh ...Respondent


    ........................................................................................
    CrMP (M) No. 2417 of 2023
    Saleem Khan                                                           ...Applicant




                                              Versus





    State of Himachal Pradesh                                             ...Respondent





    Coram
    The Hon'ble Mr. Justice Virender Singh, Judge.
    Whether approved for reporting?1


    For the applicant(s)                 :      Mr.     Ashok                 Chaudhary,
                                                Advocate.

    For the respondent(s) :                     Mr. Mohinder Zharaick, Mr.
                                                Tejasvi Sharma and Mr. H.S.
    1
        Whether Reporters of local papers may be allowed to see the judgment? Yes.




                                                             ::: Downloaded on - 04/10/2023 20:37:13 :::CIS
                                   2

                                 Rawat, Additional              Advocates
                                 General.




                                                             .

    Virender Singh, Judge. (Oral)

The above-titled bail applications are being

disposed of by the common order, as, all the three bail

applications have been filed, in the same case, i.e. FIR

No. 109 of 2023, dated 30th July, 2023, registered under

Sections 366, 342, 506, 201 and 34 of the Indian Penal

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

Aut, District Mandi, H.P.

2. By way of these bail applications, filed under

Section 438 of the Code of Criminal Procedure

(hereinafter referred to as 'CrPC'), applicants-Kaka Deen

@ Rana Deen, Billu @ Jakub Deen and Saleem Khan

have sought the indulgence of this Court, to issue

direction to the Investigating Officer/police of Police

Station, Aut, District Mandi, H.P., to release them on

bail, in the event of their arrest, in the above-noted FIR,

as, they are apprehending their arrest, in the said case.

3. According to the applicants, they are innocent

persons and have nothing to do with the alleged offences,

.

for which, they have been named as accused persons.

4. As per the applicants, they belong to a

respectable and reputed family and are having deep

roots in the society.

5. It is the stand of the applicants that they have

falsely been roped in, in the present case, as nothing

incriminating has been recovered or has to be recovered

from their custody.

6. According to the applicants, they are ready to

abide by any condition(s), to be imposed by this Court, in

case, any direction is issued to the police/Investigating

Officer, under Section 438 CrPC.

7. The applicants have earlier tried their luck, by

moving similar bail applications, before the Court of

learned Additional Sessions Judge-I, Mandi, District

Mandi, however, the said applications were dismissed on

14th August, 2023.

8. Apart from this, it has also been argued by the

learned counsel appearing for the applicants that their co-

accused, namely Roshan Deen and Bano Bibi @ Vani, have

already been released on bail, by the Court of learned

.

Sessions Judge, Mandi, District Mandi, on 26 th September,

2023.

9. On the basis of the above facts, the applicants

have sought the relief, as claimed, in the bail applications.

10. When, put to notice, the State has filed the

status report, on 22nd September, 2023, disclosing therein,

that on 25th July, 2023, the father of the victim appeared

before the police of Police Station Aut and moved a

complaint, disclosing therein, that the victim had left the

home without informing anyone. According to him, the

victim, aged about 19 years, had gone to learn tailoring

skill, on 25th July, 2023, to Nagwain and did not return

back. She was searched, but, was not found. As such, he

has requested the police to take the action.

10.1. It has been mentioned in the status report that

on 30th July, 2023, the victim was brought to Police

Station, who was found at Talwara, Punjab. In her

statement, recorded under Section 154 CrPC, the victim

has disclosed that as usual, she had gone to learn tailoring

skills and at about 05.30 p.m., she was returning back to

her home. Meanwhile, one car came there and the driver

.

stopped the same near her. The person, who was sitting

by the side of the driver, has told her that he is her uncle

Roshan. According to her, said Roshan requested her to

sit in the vehicle, as, they were also going to the village. In

the vehicle, four men and two women were sitting. All the

said persons had covered their faces with scarves.

10.2. When, the victim had alighted from the vehicle,

one lady had put handkerchief on the mouth of the victim,

due to which, she became unconscious. When, she

regained consciousness, she could not find as to where she

was. On the way, the vehicle was stopped at a dhaba,

where, food was provided to her. Thereafter, she was taken

to a house, where, she was confined in a room for two

days. During that period, nothing untoward had happened

with her. On 28th July, 2023, they took her in the vehicle

and apprised the victim that they would solemnize her

Nikkah with a boy. When, she refused, she was

threatened.

10.3. As per the victim, when, the vehicle reached at

a market, then, the victim had requested them to go to

.

washroom, in order to respond to the call of nature. One

woman was standing by her and another was watching the

car. Thereafter, the victim ran from there, after pushing

the woman and taking lift in a car. She alighted down

from the car after crossing the market. On the way, she

noticed one shop of tailor, where, 2-3 women were sitting.

She requested them to provide phone and she had made a

call to her mother. In the meanwhile, the women sitting

the tailor shop, had called the police and the police took

her to Police Station Talwara.

10.4. As per the status report, the victim had

disclosed the names of the persons, who had kidnapped

her, as Roshan Deen, Saleem (applicant in CrMP (M) No.

2417 of 2023), Billu (applicant in CrMP (M) No. 2416 of

2023), Kaka (applicant in CrMP (M) No. 2415 of 2023) and

Bani, however, she was not aware about the name of the

another lady.

10.5. On the basis of the above facts, FIR was

registered and investigation was entrusted to ASI Alamgir.

The victim was medico-legally examined at RH, Kullu. On

31st July, 2023, the statement of the victim was got

.

recorded, under Section 161 CrPC. The spot was visited

and the spot map was prepared.

10.6. As per the status report, on 16th September,

2023, accused-Roshan Deen was associated in the

investigation of the case and was, later on, arrested. On

19th September, 2023, accused-Bano Bibi @ Vani was

arrested. Both of them have been released on bail.

10.7. It is the further case of the police that during

the investigation, accused-Roshan Deen and Bano Bibi had

disclosed that the vehicle used by them was of applicant-

Kaka Deen @ Rana Deen and the substance to make the

victim unconscious, was provided by Haleema, wife of

applicant-Kaka Deen @ Rana Deen. The room, where, the

victim was locked, is in the know of applicant-Kaka Deen @

Rana Deen.

11. After perusing the said status report, interim

protection was granted to the applicants and they were

directed to join the investigation, by directing the

Investigating Officer to release them, on bail, in the event of

their arrest, in the above-mentioned FIR.

.

12. Consequently, all the three applicants have

joined the investigation on 23rd to 26th September, 2023,

30th September, 2023 and 1st October, 2023. Since, the

accused persons could not disclose about the vehicle used,

as well as, the substance used to make the victim

unconscious, as such, Section 201 IPC was added, in this

case.

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

been made to dismiss the bail applications.

14. Heard.

15. The role allegedly played by the applicants, in

the commission of the alleged offences, will be proved

during the course of the trial. The accused persons

(applicants) are presumed to be innocent till the conclusion

of the trial and the bail applications cannot be rejected as a

matter of punishment, as, pre-trial punishment is

prohibited under the law.

16. The applicants have joined the investigation, as

directed by this Court and their custodial interrogation is

not required, as, no such request has been made in the

status report. Mere mentioning of the fact that the

.

applicants are not getting the recoveries affected, does not

mean that their custodial interrogation is required by the

police.

17. No other criminal history of the applicants has

been mentioned in the status report, nor, it has been

argued by the learned Additional Advocate General, during

the course of the arguments.

18. The chances of commencement and conclusion

of the trial, against the applicants, are not so bright, as

such, no useful purpose would be served, by dismissing

the bail applications, which would result into their remand

to the police custody or to the judicial custody.

19. Considering the facts that the applicants have

joined the investigation and the police is not able to make

out a case for custodial interrogation of the applicants, this

Court is of the view that the interim orders, dated 22nd

September, 2023, passed in all the three cases, are liable

to be made absolute.

20. Consequently, interim orders, dated 22nd

September, 2023, are made absolute. Therefore, it is

.

ordered that the applicants be released on bail, in the

event of their arrest, in case FIR No. 109 of 2023, dated

30th July, 2023, registered under Sections 366, 342, 506,

201 and 34 IPC, with Police Station Aut, District Mandi,

H.P. on their furnishing personal bonds, to the tune of

₹ 50,000/- each, 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;

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 applications.

.

22. The applicants are directed to move regular bail

applications, 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(s), in case, any

of the bail conditions, is found to be violated by the

applicants.

( Virender Singh ) Judge

October 04, 2023 ( rajni )