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Himachal Pradesh High Court · body

2014 DIGILAW 1277 (HP)

Guru Parkash S/o Shri Shiv Ram v. State of Himachal Pradesh

2014-09-17

P.S.RANA

body2014
JUDGMENT : - P.S. Rana, J. Present bail application filed under Section 438 of the Code of Criminal Procedure 1973 for grant of the anticipatory bail in connection with case FIR No.33 of 2014 dated 8.9.2014 registered under Sections 306 and 506 Indian Penal Code at Police Station Renukaji, District Sirmour Himachal Pradesh. 2. It is pleaded that deceased Kamlesh Duttwas postedas Shashtri teacher at Government School Kandaiwala and he committed suicide on the intervening night of 5th/6th September, 2014 and had left suicide note. It is further pleaded that applicant is not connected with the commission of the offence and it is further pleaded that the applicant has performed his duty in the official capacity. It is further pleaded that the petitioner will join investigation of the present case. It is further pleaded that applicant will abide by all the terms and conditions of the Court. Prayer for acceptance of bail application sought. 3. Per contra police report filed. As per police report, FIRNo.33 of 2014 dated 8.9.2014 under Sections 306, 506 Indian Penal Code Police Station Renukaji, District Sirmour Himachal Pradesh is registered against the applicant. There is recital in the police report that the deceased was transferred in the month of February 2014 from Government High School Janglabhud to Government Senior Secondary School Vikrambag as per order of Deputy Director (Elementary) Education. There is recital in the police report that transfer order received in the Janglabhud School after four months on 17.06.2014. There is further recital in the police report that the deceased was not allowed to relieve from Janglabhud school as per resolution passed by the Managing Committee. There is further recital in the police report that thereafter on dated 25.8.2014 Director (Elementary) Education ordered to adjust the deceased in Chakali school or Banethi School. There is further recital in the police report that thereafter on 3.9.2014 Deputy Director (Elementary) Education, District Sirmour passed the transfer order of deceased to Banethi School. There is further recital in the police report that transfer order of deceased from Janglabhud to Banethi schools were prepared by the applicant Superintendent Grade-II. There is further recital in the police report that the copies of order were not transmitted to transferee school and were also not transmitted to school from where the deceased was to be relieved. There is further recital in the police report that transfer order of deceased from Janglabhud to Banethi schools were prepared by the applicant Superintendent Grade-II. There is further recital in the police report that the copies of order were not transmitted to transferee school and were also not transmitted to school from where the deceased was to be relieved. There is further recital in the police report that deceased Kamlesh Dutt, Shashtri obtained the copy of his transfer order from Deputy Director (Elementary) Education Nahan. There is further recital in the police report that the applicant performed the work of cutting in the order. There is further recital in the police report that when the deceased reached in GSSS Banethi along with his transfer order then the Principal GSSS Banethi told the deceased that relieving report is not addressed to Banethi School but is addressed to GSSS Vikrambag. There is further recital in the police report that deceased told the principal that he would get amend the transfer order. There is further recital in the police report that in the meanwhile the deceased telephoned his younger brother Rajesh and informed him about the incident of his transfer. There is further recital in the police report that the applicant also misbehaved with deceased Kamlesh Dutt. There is further recital in the police report that if the applicant is released on bail then the applicant would tamper with the record and will destroy the evidence. There is further recital in the police report that deceased had committed suicide by way of jumping into Renuka lake due to the above stated incident. There is further recital in the police report that deceased had also written a suicide note. Prayer for rejection of the bail application sought. 4. Court heard learned Advocate appearing on behalf of applicant and Court also heard learned Deputy Advocate General appearing on behalf of non-applicant. 5. Submission of learned Advocate appearing on behalf of applicant that there is no recital of active involvement of applicant in the suicide note and on this ground anticipatory bail application be allowed is accepted for the reasons hereinafter mentioned. Court has carefully perused copy of suicide note placed on record. There is a recital in the suicide note that deceased did not blame anybody for his suicide and there is recital in the suicide note that applicant did not respect the teacher. Court has carefully perused copy of suicide note placed on record. There is a recital in the suicide note that deceased did not blame anybody for his suicide and there is recital in the suicide note that applicant did not respect the teacher. In the suicide note allegations against the applicant are only that applicant did not respect the teachers. Court is of the opinion that prima facie a word that applicant did not respect the teachers in suicide note is not sufficient to decline the anticipatory bail to the applicant. There is no recital in the suicide note that applicant has abetted the deceased to commit the suicide. On the contrary there is recital in the suicide note that no one should be blamed for the suicide of deceased Kamlesh Dutt. Prima facie there is no direct immediate nexus between abetment and suicide. 6.It is well settled law that at the time of granting bail following factors are considered (i) Nature and seriousness of offence (ii)The character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with(vi)The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others vs. State(Delhi Administration).Also see AIR 1962 SC 253 titled The State vs. Captain Jagjit Singh. It was held in case reported in 2012 Cri. L.J. 702 titled Sanjay Chandra vs. Central Bureau of Investigation that the object of bail is to secure the appearance of the accused person at his trial and it was held that object of bail is not punitive in nature. It was held that bail is rule and committal to jail is exception. It was also held that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution of India. It was held that it is not in the interest of justice that accused should be kept in jail for indefinite period. It is further held that if the applicant is released on anticipatory bail at this stage then interests of general public or the State will not be adversely effected. 7. It was held that it is not in the interest of justice that accused should be kept in jail for indefinite period. It is further held that if the applicant is released on anticipatory bail at this stage then interests of general public or the State will not be adversely effected. 7. In view of the fact that there is recital in the suicide note that deceased did not blame anybody for his suicide, it is not expedient in the ends of justice to decline the anticipatory bail to the applicant. Applicant is an Government employee and is posted as Superintendent Grade-II in the school. 8. Submission of learned Deputy Advocate General appearing on behalf of the State that if the bail is granted to the applicant then applicant will induce and threaten the prosecution witnesses and on this ground anticipatory bail application be rejected is devoid of any force. Court is of the opinion that conditional bail will be granted to the applicant and if applicant will flout any of the conditions then the prosecution will be at liberty to file an application for cancellation of the bail. 9. In view of the above stated fact it is ordered that applicant will be released on bail on following terms and conditions to the satisfaction of I.O. (i) That applicant will join investigation of case as and when called for by the Investigating Officer in accordance with law. (ii) That applicant shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. (iii) That applicant will not leave District Sirmour till the challan is not filed by the investigating agency before the Court and after filing the challan in the court the applicant will not leave India without prior permission of the court. (iv) That applicant will give his residential address to the Investigating Officer in written manner. (v) That applicant will not commit similar offence qua which the applicant is accused. (vi) That applicant will attend proceedings of learned trial court regularly. In the event of arrest, applicant will be released on bail on his personal bond in the sum of`1,00,000/- (one lac) with two sureties in the like amount to the satisfaction of the Investigation Officer. 10. (vi) That applicant will attend proceedings of learned trial court regularly. In the event of arrest, applicant will be released on bail on his personal bond in the sum of`1,00,000/- (one lac) with two sureties in the like amount to the satisfaction of the Investigation Officer. 10. In view of the above stated facts present anticipatory bail application filed under Section 438 of the Code of Criminal Procedure 1973 is allowed and disposed of. My observation made hereinabove is strictly for the purpose of deciding the present bail application and it shall not effect merits of case in any manner. All pending application(s) if any are also disposed of.