The Allahabad High Court has granted conditional bail to Nepali citizen, Etvir Limbu, who was arrested in view of the security threat after he entered the iron grill of Manauri Air Force Station, Prayagraj.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Misc Bail Application filed by Etvir Limbu.
The Court noted that,
In the affidavit, it is stated that various compressive security measures are being taken up by the defence forces to protect the defence stations/installation effectively from any intrusion, trespassing and unauthorized access like perimeter security, manning of security personal at entrance and exit, fencing of defence land and installation of cautionary board as such “Prohibited Area, Trespasser will be shot”.
It is further stated that security of defence stations/installation is being done to protect the interest of the nation and all measures are adopted/fostered in that essence only.
In the affidavit, it is also stated that Air Force Order (AFO) was issued by the Chief of Air Staff n 2013, Indian Air Force vis-a-vis the physical security of the defence installations/stations, wherein in the aforesaid AFO, inter-alia, provides that large notice boards are to be prominently displayed around the perimeter, particularly, at all entrances and exits, prominent corners and track locations, declaring the camp “Prohibited Area, Trespasser will be prosecuted”.
It is further stated that the board should be written in English, Hindi and vernacular language. Similarly, “photography prohibited” boards are also to be displayed at prominent places in and around the unit perimeter.
Also, in the affidavit, it is further stated that despite having reasonable security arrangements at defence stations/installation, the case of instructions and trespassing were on rise. Post Terro strike at Pathankot Air Base and Uri Army Base, a number of numerous measures have been initiated to enhance physical security of defence installations/stations.
Subsequently, a directive dated 04 December, 2018 was issued on Base Security by the Senior Air and Administrative Staff Officer (SAASO) of Headquarters.
The Court said that it is true that trespassers are not allowed to enter into premises of armed forces for the purpose of security, but the language mentioned as “dekhte hi goli maar di jayegi”, in my opinion, is not proper, particularly, where the installation of armed forces situated in public place where general public, specially, children keeps coming and going. These types of words have a bad impact on the children so the Central Government may take caution in writing these types of words. There should be light words used in place of “Trespassers will be shot” and “dekhte hi goli maar di jayegi’.
The bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case under Sections 3 and 7 of Official Secrets Act, 1923 and Section 461 IPC, Police Station Puramufti, District Nagar (Commissionerate Prayagraj).
Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case due to ulterior motives. The applicant is a citizen of Nepal having proper citizenship of Nepal and the permanent address of applicant is Pachrukhi, District Itahari, Nepal.
The applicant belongs to a very poor family and is an illiterate person having no educational certificate. The applicant came to India for the purpose of job upon calling his neighbor Suraj Manjhi, who is residing and working in India for the last several years. On the fateful day, the applicant was stayed near Naini Station and unintentionally and without any malice, reached Manauri Air Force Station, Prayagraj and since the applicant was in intoxicated condition, he entered into the Air Force Station where many things were happened but the applicant, who was having no knowledge of Hindi, could not explain properly to the posted soldier and also could not show his identity card, which was lost somewhere during drunken condition.
He further submitted that there was no ill intention of the applicant to enter into the premises of Manauri Air Force Station. Nothing incriminating has been recovered from the possession of the applicant but the investigating officer without considering all these aspects have submitted a charge sheet against the applicant in a routine manner. The applicant has no previous criminal history. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant has been in jail since 24.02.2024.
“After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, particularly seeing the fact that applicant being illiterate and belongs to Nepal having proper citizenship, the Court is of the view that the applicant may be enlarged on bail”, the Court observed.
The Court ordered that,
Let the applicant-Etvir Limbu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties are verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C, may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The Trial Court may make all possible efforts/endeavours and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.