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2014 DIGILAW 593 (HP)

Prithvi Chand v. State of H. P.

2014-05-19

DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, Judge. (Oral) This order shall dispose of both the applications arising out of FIR No. 15/14 registered against the accused-petitioners in Police Station, Ramshehar, District Solan under Sections 363, 365, 368, 506 IPC along with their brother and co-accused Padam Dev and also one Manohar Lal their cousin, being aunt’s son. Their co-accused aforesaid Padam Dev has been granted bail by this Court vide order dated 28th April, 2014 passed in Cr.MP (M) No. 487/14, annexed to this petition. 2. One child namely master Abhishek (real nephew of accused-petitioners) was found missing from the temple of Jalpa Mata in village Rajwahan Tehsil Ramshehar, District Solan on 15.4.2014. His father Shri Het Ram has lodged a report of missing of the child in Police Station, Ramshehar. Efforts were made to trace out master Abhishek by the police. On 18.4.2014 he was recovered from a ‘Dhaba’ of one Madan Lal situated at Beehad Plassi, Tehsil Ramshehar, District Solan, H.P. In the report lodged by Het Ram, he suspected hand of one Nathu, Pujari of the temple in enticing away master Abhishek for his wrongful confinement, however, after the recovery of the child and further investigation conducted in the matter, it transpired that the accused-petitioners in connivance with their co-accused Padam Dev, who are real uncles of master Abhishek, secretly taken the child in Mahindra pick-up to the house of their cousin Manohar, another co-accused without disclosing anything in this behalf to the complainant and other family members with the sole object to implicate Nathu, Pujari of the temple in a false case. The child later on was taken to Beehad Plassi by them from where he was recovered. 3. The accused-petitioners are real uncles of the child and what is their enmity with Nathu, Pujari of the temple so as to implicate him in a false case, nothing at this stage can be made out from the record. Taking away their own nephew by the accused-petitioners secretly from the house to implicate said Shri Nathu prima-facie seems to be not plausible. Taking away their own nephew by the accused-petitioners secretly from the house to implicate said Shri Nathu prima-facie seems to be not plausible. Above all, complainant Het Ram, none else but real brother of the accused-petitioners appeared before this Court on 28.4.2014, the day when Cr.M.P(M) No. 487/14 filed by Padam Dev another co-accused was listed and represented that he had expressed his doubt on Nathu, Pujari of the temple in enticing away his son master Abhishek and he never doubted hand of his brother accused Padam Dev in the commission of the offence. The accused-petitioners are also real brothers of Het Ram. They have been interrogated by the police. They being the local residents will be available to the I.O in future also for the purpose of further interrogation. The present is also not a case where their custodial interrogation is required. Therefore, both the applications are allowed and it is ordered that in the event of arrest of the accused-petitioners in connection with FIR No. 15 of 2014, Police Station, Ramshehar, District Solan, they shall be released on bail, subject to their furnishing personal bond in the sum of `50,000/-(rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the Arresting Police Officer/I.O.. The accused-petitioners shall further abide by the following conditions: that they shall:- (a) regularly attend the trial Court on each and every hearing if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (b) not temper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (c) not 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 Court or the Police Officer. (d) not leave the territory of India without the prior permission of the Court. 4. It is clarified that if the petitioners misuse their liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. 5. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The petition stands disposed of.