Rahul Singh @ Kala v. State Of Punjab
CRM-M-35693-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M No.35693 of 2024
Reserved on: 09.08.2024
Pronounced on: 30.08.2024 Rahul Singh @ Kala
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Manish Gilhotra, Advocate for Mr. Digvijay Nagpal, Advocate for the petitioner.
Mr. Jasjit Singh, DAG, Punjab.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 04.06.2024 Dinanagar, District 379, 411 IPC and Section Gurdaspur, Punjab 21(b) and 29 of NDPS Act 1.
The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, 1973, seeking regular bail. 2.
In paragraph 12 of the reply filed by the State, the accused has the following criminal antecedents:
Sr. No.
FIR No.
Date Offenses Police Station 1.
13.05.2020 Under sections 379, 411 IPC B-Div.
Amritsar 2.
13.05.2020 Under section 379 IPC B-Div.
Amritsar 3.
28.01.2022 Under sections 379, 411, 34 IPC Civil Lines, Amritsar 01.04.2022 Under sections 399, 402 IPC City Tarn Taran 5.
12.08.2023 Under sections 379-B, 411, 34 IPC Gharinda, Amritsar 3.
The facts and allegations are being taken from the reply filed by the State, which reads as follows:
"4. That it is humbly submitted that the brief facts of the case are that ASI Balkar Singh of Police Station Dinanagar had sent a ruqa to SHO Police Station Dinanagar on 04.06.2024 that he along with police officials were present at 'Naka' near Sugar Mill,
CRM-M-35693-2024 -2Paniar on National Highway. The secret informer a information to ASI Balkar Singh that (i)Lovepreet Singh @ Bacchi son of Baldev Singh resident of Balardwal Police Station Ajnala now resident of Chabutra wala chowk Mohalla Awa Police Station Hakima Gate Amritsar, (ii)Arjun Singh alias Gora son of Parshotam Singh resident of old Chungi Tent Wali Street, Tarn Taran road Amritsar, (iii) Sachin son of Kala resident of Chabutra wala chowk Mohallaawa Police Station Hakima Gate Amritsar, (iv) Rahul Singh @ Kala son of Veeru Singh are used to stealing of mobile phones.
They have stolen mobile phones of different companies from different persons in huge quantity from Railway Station Katra (J&K) and other different places and took the stolen android phones by putting in two kit bags, they are coming from Katra to Amritsar by Jai Maa bus and if the said bus coming from Pathankot Road is stopped and checked by blockade /Nakabandi at the same place then Lovepreet Singh, Arjun Singh alias Gora, Sachin and Rahul Singh alias Kala (present petitioner) can be apprehended with a large number of mobile phone of different companies as stolen from different persons. Hence, a case FIR No. 78 dated 04.06.2024 under section 379 IPC Police Station Dinanagar was registered against the Rahul Singh (present Petitioner), Lovepreet Singh, Sachin and Arjun Singh.
5. That it is humbly submitted that the afore-mentioned accused person were arrested from the spot and during the investigation, search of the bags of the said four persons was conducted. During the search 13 android mobile phones different companies were recovered from the bag of co-accused Lovepreet Singh @ Bacchi. 8 mobile phones and narcotic drugs (heroine 6 gms alongwith polythene bag) were recovered from coaccused Sahin and 1 mobile phone was recovered from conscious possession of Rahul Singh @ Kala (present Petitioner). Hence, the offence under sections 411/34 IPC and 21(b) NDPS Act were added in this case vide GD No.6 dated 04.06.2024." The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
5.
The State's counsel opposes bail and refers to the reply. 6.
It would be appropriate to refer to the following portions of the reply, which read as follows:
"ROLE OF THE PETITIONER :-
13. That it is humbly submitted that the present Petitioner along-with his coaccused have stolen 23 mobile phones from Railway Station Katra. EVIDENCE AGAINST THE PETITIONER
14. That it is humbly submitted that One of the stolen mobile has been recovered from the present petitioner and the petitioner is a habitual offender as there are five other criminal cases registered against the petitioner. The true translation copy of recovery memo. is annexed herewith as Annexure R-2/T." 7.
There is sufficient primafacie evidence connecting the petitioner with the alleged
CRM-M-35693-2024 -3crime. The recovery from the petitioner was of one mobile, and thus, his case is on a much lower footing than the other accused.
8.
Per paragraph 3 of the reply, the petitioner has been in custody since 04-062024. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 9.
Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.
10.
Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.
11.
While furnishing a personal bond, the petitioner shall mention the following personal identification details:
1.
AADHAR number 2.
Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.
3.
Mobile number (If available) E-Mail id (If available) 12.
This order is subject to the petitioner's complying with the following terms. 13.
The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.
14.
Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 15.
A certified copy of this order would not be needed for furnishing bonds, and any
CRM-M-35693-2024 -4Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 16.
Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 30.08.2024 Whether speaking/reasoned:
Yes Whether reportable:
No.