Ajay Kumar vs State of Himachal Pradesh

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No.

192 of 2017 registered at Police Station, Sadar Una, District Una under Sections 307, 326, 324, 427, 341 read with Section 34 of the Indian

Penal Code. According to learned counsel for the petitioner, out of the five accused, four accused stand granted regular bail by the Court of

learned Addl. Sessions Judge(II), Una, which also includes co-accused Raju, who, as per the prosecution, is the person, who allegedly stabbed

the victim. The role which stands attributed to the present petitioner is only to the effect that he allegedly held the person who was stabbed by

accused Raju. Learned counsel for the petitioner further submits that the petitioner is resident of village Basdhera, Tehsil and District Una and he is

pursuing his studies. He further submits that the mother of the petitioner who is a widow is also residing at village Basdhera, Tehsil and District Una

and in case bail is granted in favour of the petitioner, he shall abide by all the conditions imposed by this Court and shall not jump the bail.

The factum of other co accused having been granted regular bail by the Court of Addl. Sessions Judge(II), Una, is not disputed. Learned Dy.

Advocate General, under instructions, submits that as per the records and investigation, it was Raju who allegedly stabbed the victim.

Learned Dy. Advocate General, on instructions, submits that taking into consideration the gravity of offence and further in case bail is granted in

favour of the petitioner he may tried to influence the witnesses.

I have heard learned counsel for the parties and have also perused the latest status report. It is not in dispute that out of five accused, 4 already

stand released on bail by the court of Addl. Sessions(II), Una. It is also not in dispute that prime accused, who allegedly stabbed the victim already

stands released on bail.

Be that as it may. In my considered view, taking into consideration the fact that the petitioner is a local resident of Village Basdehra, Tehsil and

District Una and further that he is a student who still is undergoing his studies and further the fact that four other coaccused already stand enlarged

on bail, no purpose is going to be served by denying bail to the present petitioner. Accordingly, this petition is allowed and the petitioner is ordered

to be enlarged on bail, on his furnishing personal bond to the tune of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned

trial court, subject to the following conditions:-

i) He shall make himself available for the purpose of interrogation, if so required 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;

ii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

iii) He shall 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; and

iv) He shall not leave the territory of India without prior permission of the Court.

It is clarified that the observations made by this Court in this order are only for the purpose of adjudicating upon the present bail petition and the

learned trial court shall not be influenced by any of these observations while deciding the case on merits, in the course of trial. It shall be open for

the prosecution to move this Court for cancellation of the bail in case petitioner abuses the bail which has been granted in his favour.