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Himachal Pradesh High Court · body

2025 DIGILAW 1074 (HP)

Salam Deen v. State of Himachal Pradesh

2025-05-20

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Applicant Salam Deen has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 115 of 2024, dated 13.9.2024, registered under Sections 305, 331 (4), 238, 3(5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Amb, District Una, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has nothing to do with the offence, for which, he has been arrested by the Police. 3. According to the applicant, Police has no cogent and convincing evidence to connect the applicant with crime in question, as FIR is stated to have been lodged, by the Police in connivance with the complainant. 4. According to the applicant, incident had taken place way back, in the month of July, 2024, but, thereafter, neither the complainant nor the Police took any steps for the registration of the FIR. 5. The applicant has further pleaded that investigation, in the present case is complete and charge sheet has been filed, in the competent court of law. 6. The applicant has given the details of the cases, except the FIR in question, registered against him, which are reproduced as under: i) FIR No. 238/2023, dated 5.10.2003, u/s 307, 353, 336, 332, 147, 148, 506 IPC, with Police Station, Bari Brahmna, District Samba, Jammu & Kashmir. ii) FIR No. 263/23, dated 19.11.2023, under Sections 224, 382 IPC, with Police Station Bari Brahmna, District Samba, Jammu & Kashmir. iii) FIR No. 263 of 2023, dated 19.11.2023, under Sections 341, 355, 504, 506 and 34 IPC, P.S. Sarkaghat, District Mandi, H.P. iv) FIR No. 95 of 2024, dated 16.9.2024, u/s 331(4), 305 (a) of BNS, P.S. Gagret, District Una, H.P. 7. Applicant has tried his luck by moving similar application before the Court of learned Judicial Magistrate, First Class, Court No. 2, Amb, Distt. Una, H.P., however, the same has been dismissed, on 18.12.2024. 8. After filing charge-sheet, he has again moved the application, before the Court of learned JMFC-II, Amb, District Una, H.P., however, the same was dismissed on 13.2.2025. Applicant has tried his luck by moving similar application before the Court of learned Judicial Magistrate, First Class, Court No. 2, Amb, Distt. Una, H.P., however, the same has been dismissed, on 18.12.2024. 8. After filing charge-sheet, he has again moved the application, before the Court of learned JMFC-II, Amb, District Una, H.P., however, the same was dismissed on 13.2.2025. Thereafter, the applicant has tried his luck by moving another bail application No. 82 of 2005, before the Court of learned Addl. Sessions Judge-I, Una, District Una, H.P. However, the same was also dismissed, on 17.3.2025. 9. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail. 10. On these submissions, a prayer has been made to allow the bail application. 11.1. When, put to notice, the Police has filed status report, disclosing therein that on 13.9.2024, complainant Satish Kumar appeared before the Police and moved a complaint, disclosing therein, that he is resident of Kashipur. He has stated that he has constructed a new house and his old house is consisting of one room. In the old house, he had kept two almirahs, one bag and one settee. The complainant is stated to be in business of selling mobile phones. In the said Almirahs, he had kept golden and silver ornaments of his wife. He has mentioned the weight of the ornaments to be 77 grams Gold and 100 grams silver. Cash of Rs. 1,00,000/- is also stated to have been kept, in the Almirah. 11.2 According to the complainant, on 10.9.2024, he, alongwith his family, had slept in their new house and on 11.9.2024, when, he went to his old house, then, he noticed that the lock was not there in the room, and when, he entered the room, he noticed that someone had broken the lock and stolen the ornaments, as well as, cash. As such, he has prayed that action be taken, in this regard. 11.3 On the basis of above, the Police registered FIR under Sections 305, 331 (4), 238 and 3(5) of the BNS and criminal machinery swung into motion. 11.4 During investigation, HC Ranjeev visited the spot and prepared the spot map. Photographs were collected. Statements of the witnesses under Section 180 of the BNSS were recorded. 11.3 On the basis of above, the Police registered FIR under Sections 305, 331 (4), 238 and 3(5) of the BNS and criminal machinery swung into motion. 11.4 During investigation, HC Ranjeev visited the spot and prepared the spot map. Photographs were collected. Statements of the witnesses under Section 180 of the BNSS were recorded. CCTV footage, installed in the area, was also checked. Thereafter, CDRs of the mobile numbers of suspected persons, were obtained. 11.5 During investigation, on 14.9.2024, one Sanjeev Kumar was associated in the investigation and his statement was recorded. As per his statement, on the date of incident, he had noticed four persons on two motorcycles, who were roaming near the house of complainant. As per his further version, registration number of one motorcycle was PB-07CG-0881. 11.6 Thereafter, registration number of the motorcycle was found in the name of Salam Deen (applicant). On inquiry, it was found that Salam Deen is nomaid Gujjer and from many years, he has not come to the said address. During investigation, it has been found that from the last so many years, the applicant is also not residing in Himmatpur and it has been found that he is residing in temporary shed, erected in village Loharli, Swakhud, alongwith his father, upon which, the Police visited the said spot and found motorcycle No. PB07CG-0881 parked there. Owner of the said temporary shed was found to be Gunny, R/o Hoshiarpur, Punjab, who, as per the Police report, is father of the applicant Salam Deen. On inquiry, father of applicant Salam Deen disclosed that he had not come to their Dera, from the last 6-7 days. 11.7 Thereafter, it has been found that one person, namely, Liyaquat Ali has been arrested by the Police in a case of theft and Salam Deen was also not noticed in the area during those days. Motorcycle No.PB-07CG-0881 was taken into possession. 11.8 During investigation, it has been found that in order to seek bail, under the provisions of Section 483 of BNSS, pertaining to the case registered with Police Station, Gagret, applicant had gone to Shimla to file the said application on 27.11.2024. 11.9. Thereafter, on Police Post, Shoghi, picketing was done and applicant, who was travelling alongwith three persons in a car, was arrested on 28.11.2024. 11.9. Thereafter, on Police Post, Shoghi, picketing was done and applicant, who was travelling alongwith three persons in a car, was arrested on 28.11.2024. During investigation, it has also been found that applicant is also involved in case FIR No. 238/23, dated 5.10.2023, under Sections 307, 353, 336, 332, 147, 148, 506 IPC and 4/25 of Arms Act, with Police Station, Bari Brahmna, District Samba, Jammu & Kashmir. 11.10. It has also been mentioned in the status report that another case bearing registration number 263 of 2023, dated 19.11.2023, under Sections 224 and 382 IPC, was also found to have been registered against the applicant. The applicant has been declared as Proclaimed Offender, in the case registered, with Police Station, Bari Brahmna. 11.11 During investigation, on 1.12.2024, the applicant has made statement and in pursuance of his statement, the Police got recovered ornaments in village Loharli near Swakhud. The said ornaments were put in an orange coloured polythene envelope and on weighment, weight of the orange coloured envelope was found to be 18.38 grams and weight of the silver looking ornaments was found to be 105.42 grams. The aforesaid articles were taken into possession. 11.12 During investigation, it has been found that case FIR No. 95 of 2024, dated 10.9.2024, under Sections 331(4), 305(A) of BNS has been registered against the applicant with Police Station, Amb. One another case FIR No. 150 of 2024, dated 28.11.2024, under Sections 457 and 380 IPC is also found to have been registered against the applicant, with Police Station, Amb, H.P. 11.13 Thereafter, suspect Rafi Mohammad was also associated in the investigation and when his age was found to be 16-17 years, then, the inquiry was conducted against him and report was submitted to the Principal Magistrate, JJB, Una. 11.14 During investigation, the ornaments, allegedly recovered, were not identified by the complainant to be his ornaments. 11.15 Investigation, is stated to be completed and charge sheet has been filed in the Court of learned JMFC-II, Una, H.P. 11.16 On the basis of previous history of applicant, a prayer has been made to dismiss the application. 12. Investigation, in the present case, is complete and on the basis of above facts, it can not be said that custodial interrogation of the applicant is required by the Police. 13. Chances of conclusion of trial, against the applicant, are not so bright in future. 12. Investigation, in the present case, is complete and on the basis of above facts, it can not be said that custodial interrogation of the applicant is required by the Police. 13. Chances of conclusion of trial, against the applicant, are not so bright in future. As such, no useful purpose would be served by keeping the applicant, in judicial custody, that too, for indefinite period. 14. So far as the registration of other cases, which have been highlighted in the status report, and reproduced above, is concerned, admittedly, the applicant has not been convicted, in any of the cases. Mere registration of the cases against the applicant, at this stage, is too short to conclude that the applicant falls within the category of ‘habitual offender’. 15. Considering the fact that the ornaments, so recovered, have not been identified by the complainant, this Court is of the view that the applicant is able to make out a case for releasing him on bail. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released on bail in case FIR No. 115 of 2024, dated 13.9.2024, registered under Sections 305, 331 (4), 238 and 3(5) of B.N.S. with Police Station, Amb, District Una, 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. 18. This order, however, shall be subject to the following conditions:- a) Applicant shall appear before the I.O., as and when directed by the I.O. to do so and 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; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 19. 19. Any of the observations, made herein above, 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 application. 20. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Kathua, Jammu & Kashmir, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Kathua, Jammu & Kashmir is directed to inform this fact to the concerned Secretary, DLSA. The Superintendent of the District Jail, Kathua, Jammu & Kashmir is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court within a period of one month from today, then, the said fact be submitted to this Court.