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Himachal Pradesh High Court · body

2022 DIGILAW 337 (HP)

SURENDER KUMAR S/O SHRI CHUNI LAL v. STATE OF HIMACHAL PRADESH

2022-06-24

SATYEN VAIDYA

body2022
ORDER : 1. Petitioner is an accused in case FIR No. 25/2022, dated 22.01.2022, under Sections 39(1)(a), (c), 47 and 50 of Himachal Pradesh Excise Act and Sections 420, 467, 468, 471, 304 and 120-B of IPC, registered at Police Station Nalagarh, District Solan, H.P. 2. Brief facts are that on 21.01.2022, police officials of Police Post Joghoo under Police Station Nalagarh, District Solan, H.P. conducted a raid at place Nal (Gujjarhatti) forest and seized a number of articles evidently used in manufacture/illicit bottling etc. of liquor. Initially, the case was registered under Sections 39(1)(c), 47 and 50 of Himachal Pradesh Excise Act. During investigation, implication of various persons in manufacture of spurious liquor, its bottling and sale etc. was found. Such persons were arrested. It was also found that various acts of fraud, forgery etc. had also been committed in pursuance to criminal conspiracy between various persons. An employee of one of the persons arrayed as an accused was found to have died by consuming the spurious liquor. Accordingly, Sections 420, 467, 468, 471, 304 and 120-B of IPC were added. 3. Petitioner was found involved in selling the spurious liquor at place Slapad (Sundernagar) in District Mandi and also at other places to small vendors. Involvement of petitioner was also found in case registered at Police Station Sundernagar, under Sections 304, 308 and 120-B of IPC, vide FIR No. 15/2022, dated 19.01.2022. Petitioner was in custody in aforesaid FIR of Police Station Sundernagar. His custody was got transferred for investigation in the instant case. Thus, allegations against the petitioner in nutshell are that he was involved along with another person named Surender Kumar in supplying the illicit/spurious liquor in District Mandi etc. 4. Petitioner has sought his bail on the grounds that he is innocent and has been falsely implicated. He has nothing to do with the crime. Petitioner is a permanent resident of Village Baggad, P.O. Salnu, Tehsil Sadar, District Bilaspur, H.P. and there is no likelihood of his absconding from the course of justice. He will face the trial and will abide by all the conditions as may be imposed. He will not try to jump the bail and will also not tamper with the prosecution evidence, in any manner, whatsoever. 5. Application has been opposed, on the ground that petitioner is an accused in more than one cases of similar nature. He will face the trial and will abide by all the conditions as may be imposed. He will not try to jump the bail and will also not tamper with the prosecution evidence, in any manner, whatsoever. 5. Application has been opposed, on the ground that petitioner is an accused in more than one cases of similar nature. He is an accused in FIR No. 15/2022, dated 19.01.2022, under Sections 304, 308 and 120(B) of IPC, registered at Police Station Sundernagar. Petitioner is also alleged to have been involved in cases registered vide FIR No. 69/2003, dated 30.07.2003, under Section 61-1-14 Excise Act, P.S. Bharari, FIR No. 33/2005, dated 09.02.2005 under Section 61-1-14 Excise Act, FIR No. 80/2020, dated 07.05.2020, under Section 39 (1)(A) of H.P. Excise Act, FIR No. 88/15, dated 13.12.2015, under Section 39-33-11 H.P. Excise Act, P.S. Arki, FIR No. 177/20, dated 12.09.2020, under Section 39 (1)(A) of H.P. Excise Act, FIR No. 15/22, dated 19.01.2022, under Sections 304, 308, 420, 120-B of IPC and Sections 39, 40, 41 of H.P. Excise Act, P.S. Sundernagar, FIR No. 169/11, dated 11.11.2011, under Section 279 of IPC and Section 187 of MV Act and 61-1-14 Excise Act, P.S. Ghumarwin, FIR No. 33/06, dated 04.02.2006, under Sections 325, 341, 323, 504, 506, 34 of IPC P.S. Barmana and FIR No. 253/19, dated 03.12.2019 under Sections 354, 506 of IPC. 6. I have heard learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the status report. 7. Record reveals that investigation in the case has already been completed and challan has been filed in the Court of competent jurisdiction. The allegation against the petitioner is that he is a bootlegger and had indulged in supplying the illicit/spurious liquor. Petitioner is not alleged of involved in manufacture of spurious liquor. 8. Petitioner has remained in custody for more than one year approximately. The allegations against the petitioner are yet to be proved. Pretrial incarceration is not the rule. It appears that the implication of petitioner in the present case as well as in case registered at Police Station Sundernagar vide FIR No. 15/2022 are overlapping. Petitioner has not been granted bail in case FIR No. 15 /2022, registered at Police Station Sundernagar. 9. Pretrial incarceration is not the rule. It appears that the implication of petitioner in the present case as well as in case registered at Police Station Sundernagar vide FIR No. 15/2022 are overlapping. Petitioner has not been granted bail in case FIR No. 15 /2022, registered at Police Station Sundernagar. 9. Keeping in view the facts and circumstances of the case, no fruitful purpose shall be served by prolonging the custody of the petitioner in the instant case till conclusion of trial, which is likely to take sometime before conclusion. The implication of petitioner in other cases, as noticed above, relates to different offences allegedly committed by him during different periods. The fate of such cases is not known and therefore it cannot be considered as an impediment in grant of bail to the petitioner in the present case. Nothing is stated to be recovered from the petitioner in the instant case. There is also nothing on record to suggest that the liquor allegedly supplied by the petitioner was not fit for human consumption. 10. Petitioner is a permanent resident of Village Baggad, P.O. Salnu, Tehsil Sadar, District Bilaspur, H.P. and there is no apprehension of his absconding or fleeing from the course of justice. Even otherwise, he can be put to appropriate terms in order to secure his presence for the purposes of trial. It is not the case of the respondent that in case of grant of bail to the petitioner, the trial of the case shall be affected adversely. It is also not alleged against the petitioner that he has potential to tamper with the prosecution evidence. 11. In the peculiar facts and circumstances of the case, the petition is allowed and petitioner is ordered to be released on bail in case FIR No. 25/2022, dated 22.01.2022, under Sections 39(1)(a), (c), 47 and 50 of H.P. Excise Act and Sections 420, 467, 468, 471, 304 and 120-B of IPC, registered at Police Station Nalagarh, District Solan, H.P. on his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned trial court. This order shall, however, be subject to the following conditions: (i) Petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion. 50,000/- with one surety in the like amount to the satisfaction of learned trial court. This order shall, however, be subject to the following conditions: (i) Petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion. (ii) Petitioner shall not tamper with the prosecution evidence, in any manner, whatsoever and shall not dissuade any person from speaking the truth in relation to the facts of the case in hand. (iii) Petitioner shall be liable for immediate arrest in the instant case in the event of petitioner violating the conditions of this bail. (iv) Petitioner shall not leave India without permission of learned trial Court till completion of trial. 12. Any expression of opinion hereinabove shall have no bearing on the merits of the case and shall be deemed only for the purpose of disposal of this petition.