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Himachal Pradesh High Court · body

2009 DIGILAW 1337 (HP)

ANIL KUMAR v. STATE OF HIMACHAL PRADESH

2009-12-23

KULDIP SINGH

body2009
JUDGMENT Kuldip Singh, J.(Oral)-This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in FIR No. 169 of 2007 dated 29.10.2007 registered at Police Station, Baddi, under Sections 342, 380, 395, 411, 458 and 120-B IPC. The status report has been filed. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in the case. He has committed no offence. The petitioner was taken into custody on 13.11.2007 and since then he is in custody. The petitioner has been falsely implicated in the case at the instance of Jagdish Chand. The challan has been presented in the Court. The petitioner and other accused are appearing in the Court below. The case is being adjourned on one pretext or the other. It has been submitted by the learned counsel for the petitioner that even charge has not been framed by the Court below. The two accused Rajinder Singh and Anoop Kumar have been released on bail. The two other accused named in the FIR are absconding and evading their arrest. The petitioner had earlier filed Cr.MP(M) No. 647 of 2008 which was dismissed on 16.7.2008. The petitioner filed Cr.MP(M) No. 807 of 2008 which was dismissed on 10.9.2008. It has been submitted on behalf of the petitioner that there is no certainty when the trial will start. The learned counsel for the petitioner has ultimately prayed for releasing the petitioner on bail. 3. The bail application has been opposed by the learned Additional Advocate General. I have heard the learned counsel for the parties. There is no denial of the fact that earlier Cr.MP(M) No. 647 of 2008 and Cr.MP(M) No. 807 of 2008 were rejected by this Court. Rajinder Kumar and Anoop Kumar accused were released on bail by the learned Sessions Judge on 19.11.2007 whereas Cr.MP(M) No. 647 of 2008 was dismissed on 16.7.2008 and Cr.MP(M) No. 807 of 2008 was dismissed on 5.9.2008 by this Court. 4. The learned counsel for the petitioner has also relied order dated 28.10.2009 passed by this Court in Cr.MP(M) No. 847 of 2009 releasing Anoop Kumar on bail. 4. The learned counsel for the petitioner has also relied order dated 28.10.2009 passed by this Court in Cr.MP(M) No. 847 of 2009 releasing Anoop Kumar on bail. The perusal of order dated 28.10.2009 indicates that Anoop Kumar has been released on bail in FIR No. 150 of 2007 and the present bail application has been filed by the petitioner in FIR No. 169 of 2007. Therefore, the order dated 28.10.2009 is not relevant for releasing the petitioner on bail in FIR No. 169 of 2007. The learned counsel for the petitioner has submitted that petitioner is in custody for the last more than two years. The trial has not commenced, even charge has not been framed. In the status report it has been stated that petitioner was arrested on 14.11.2007. The challan was submitted in the court on 30.1.2008. It has not been denied by learned Additional Advocate General that till now even charge has not been framed. There are about 30 witnesses as per learned Additional Advocate General to be examined by the prosecution in the case. The next date for framing the charge is fixed on 7.1.2010 and it has been stated by learned counsel for the petitioner that earlier the case was fixed twice for framing of charge but no charge was framed. The petitioner is languishing in jail since 14.11.2007 without any effective progress in trial. It is not clear how much time will be consumed for the completion of trial. The last bail application of petitioner was dismissed on 5.9.2008. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail. 5. In view of the above, the petitioner is ordered to be released on bail in FIR No. 169 of 2007 dated 29.10.2007 registered at Police Station, Baddi, under Sections 342, 380, 395, 411, 458 and 120-B IPC, on his furnishing personal bond in the sum of Rs. 5. In view of the above, the petitioner is ordered to be released on bail in FIR No. 169 of 2007 dated 29.10.2007 registered at Police Station, Baddi, under Sections 342, 380, 395, 411, 458 and 120-B IPC, on his furnishing personal bond in the sum of Rs. 25,000/- with two local sureties each of the like amount to the satisfaction of the trial Court where the case is pending with the condition that the petitioner shall regularly appear in the Court during trial, he shall report at Police Station, Baddi in the first week of every month till the completion of trial arising out of aforesaid FIR and presence of petitioner shall be marked at Police Station, Baddi in token of his putting presence and such record shall be maintained at Police Station, Baddi. The petitioner shall not tamper the prosecution evidence or terrorize the prosecution witnesses. In case any condition is violated by the petitioner, then the respondent shall be at liberty to apply for cancellation of bail granted to the petitioner. 6. The observations made in this order are for disposal of bail application only and the same shall not be treated as expression of opinion on the merits of the case.