Balak Ram vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for releasing him on bail in

case FIR No. 266/2019, dated 10.12.2019, under Sections 382, 323, 201 and 34 of the Indian Penal Code, registered at Police Station Sadar, District

Shimla, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is resident of

Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no fruitful purpose will be

served by keeping him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. As per the prosecution story, on 10.12.2019, complainant made a complaint before the police, wherein he alleged that on

08.12.2019, when he boarded a bus from Panthaghati and alighted at local bus stand Shimla, a person met him and asked for help, since two persons

were harassing him. Upon which, the complainant went to Railway Station in order to help him. However, when complainant reached at Railway

Station, the person who was asking for help, alongwith the other two persons, caught him and put him down. The accused persons also robbed him

and took away his purse, containing Rs. 8500/-, one diary, ATM and other documents. Consequently, FIR No.266/2019, dated 10.12.2019, under

Sections 382, 323, 201 and 34 of IPC, came to be registered against the petitioner.

I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the

police report, carefully.

The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the

petitioner is permanent resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from

justice and no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, so the bail application be allowed and the

petitioner be enlarged on bail. On the other hand, the learned Additional Advocate General has argued that at this stage, in case the petitioner is

enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner

be dismissed.

At this stage, taking into consideration the fact that the petitioner is behind the Bars for more than eight months, the petitioner is permanent resident

of Himachal Pradesh and the fact that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from

justice, considering the overall facts of the case, which have come on record, and without discussing the same at this stage and also the fact that the

petitioner cannot be kept behind the bars for an unlimited period, this Court finds that the present is a fit case where the judicial discretion to admit the

petitioner on bail is required to be exercised in his favour. Accordingly, the petition is allowed and the petitioner, who has been arrested by the police,

in case FIR No.266/2019, dated 10.12.2019, under Sections 382, 323, 201 and 34 of IPC, registered at Police Station Sadar, District Shimla, H.P., shall

be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs. 20,000/- (rupees twenty thousand) with one surety in

the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:

(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.

(ii) That the petitioner will not leave India without prior permission of the Court.

(iii) That the petitioner will 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/her from disclosing such facts to the Investigating Officer or Court.

In view of the above, the petition is disposed of. Copy dasti.