Amit Kumar And Others vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioners have approached this Court, invoking provisions of Section 439 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.), seeking regular bail in case FIR No.295/2021, dated 19.9.2021, registered under Sections 307, 341, 323, 325, 504, 506, 34 of the Indian Penal Code, in Police Station Balh, District Mandi, Himachal Pradesh.

Status Report stands filed. Record was also produced, which was returned after perusal with direction to the learned Additional Advocate General to retain photocopy of the relevant record.

Case of the prosecution is that on 18.9.2021, complainant Nishant alongwith Bhawani Singh were taking Mukesh Singh, on their motorcycle No.HP33A-5320, to Harihar Hospital Gutkar for his treatment and when they reached near Show Room of JAWA MOTOR CYCLE, driver of an ALTO Car had taken pass from the motorcycle dangerously by moving his car with a cut towards motorcycle, due to which motorcycle riders had cried loudly, whereupon ALTO Car driver had parked his car in front of motorcycle and three persons came out of the car and started abusing the complainant party. During this time, complainant, who was sitting on the motorcycle, had started the motorcycle and Mukesh and Bhawani also sat on motorcycle and they started towards Harihar Hospital and at that time driver of ALTO Car had tried to stop them but they had left the place. Thereafter, when motorcycle reached near Shivay Dhaba, the driver of ALTO Car came from back side, with intention to kill the complainant party, and had hit the silencer of the motorcycle with Car, whereupon complainant party had fell on the road causing injuries to them and damage to the motorcycle.

As per Status Report, Car also ran over the divider of Four-Lane causing puncture to the tyre of the Car but the petitioners had fled from the spot with punctured tyre and had changed the tyre at some distance and punctured tyre was hidden by them.

On the basis of complaint lodged by the complainant, police came into action and on the basis of dents on the Car and recovery of the tyre hidden by the petitioners, petitioners were apprehended and they were identified by the complainant and thereafter they were arrested on 19.9.2021.

On previous date, it was submitted on behalf of prosecution that one of the injured has been referred to Chandigarh and his condition is serious. On perusal of copy of MLC, produced by the police, it is apparent that the MLC has been issued on the basis of opinion of Medical Officer of Government Medical College and Hospital, Sector 32, Chandigarh and one injury, out of two injuries, received by Bhawani Singh has been termed as grievous in nature, whereas injuries caused to Nishant and Mukesh have been reported to be simple in nature. There is no other medical record indicating that Bhawani or any one of complainant party is under treatment in PGI, Chandigarh or in any other hospital.

It is submitted on behalf of the petitioners that there was no intention on the part of the petitioners to kill the motorcycle riders, but the accident in question had taken place unfortunately.

Considering entire facts and circumstances placed before me and nature of the offence alongwith principles and factors enumerated by the Supreme Court to be taken into consideration at the time of adjudication of bail application, the present applications are allowed and the petitioners are directed to be enlarged on bail, subject to their furnishing personal bonds each in the sum of `50,000/- with one surety each in the like amount, to the satisfaction of the trial Court, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioners/ accused at the time of trial:

(i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case as and when required.

(ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police office or tamper with the evidence.

They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses.

(iii) That the petitioners shall not obstruct the smooth progress of the investigation/trial.

(iv) That the petitioners shall not commit the offence similar to the offence to which they are accused or suspected.

(v) That the petitioners shall not misuse their liberty in any manner.

(vi) That the petitioners shall not jump over the bail.

(vii) That in case petitioners indulge in repetition of similar offence(s), then their bail shall be liable to be cancelled on taking appropriate steps by prosecution.

(viii) That the petitioners shall not leave the territory of India without prior permission.

(ix) That the petitioners shall inform the Police/ Court their contact numbers and shall keep on informing about change in address(s) and contact number(s), if any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case in the interest of justice and, thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioners as it may deem necessary in the interest of justice.

In case the petitioners violate any condition imposed upon them, their bail shall be liable to the cancelled.

In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Trial Court/Special Judge is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc.Insutructions/93-IV.7139, dated 18.3.2013.

Observations made in this petition hereinbefore, shall not affect merits of the case in any manner and are strictly confined for the disposal of the present bail applications.

Applications are disposed of in the aforesaid terms.

Copy dasti.

Petitioners are permitted to produce copy(ies) of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy.