Balwant Singh vs State of Himachal Pradesh

Tarlok Singh Chauhan, J.—This petition u/s 439 Cr.P.C. has been filed for grant of bail in case FIR No. 19 of 2014 dated 14.5.2014 registered at Police Station, New Shimla, under Sections 307, 147, 148, 149, 323 and 506 IPC.

The status report has been filed by the respondent-State.

Briefly stated the case of the prosecution that on 14.5.2014 at about 11.30 P.M. at place Khalini Nalah, the complainant witnessed that five boys are causing severe beatings with Rashiq. One of the boy was carrying Darat in his hands and others were equipped with dandas. When the complainant foiled the attempts of the assailants, then accused inflicted a blow of Darat on the head of the complainant. He lost consciousness. Later on, it was revealed to him that he was rushed to hospital by Sharad and Manoj. The names of the assailants are Balwant, Chetan, Ajay, Tekta and Madhu. The matter was reported to the police station, New Shimla and the above FIR was registered and investigating agency swung into action.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and perused the records of FIR No. 19 of 2014.

Learned Additional Advocate General has argued that the petitioner is involved in serious offence and he deserves no leniency. On the other hand, Mr. M.S. Kanwar, learned counsel for the petitioner has submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has further submitted that no recovery is to be effected from the petitioner and investigation is almost complete and prayed for grant of bail to the petitioner.

From the records, I find that the investigation in the case is complete. In so far as the petitioner is concerned, no recoveries are required to be effected from him. Looking into the nature of the allegations and surrounding circumstances, no case for custodial interrogation can be said to have been made out.

It would not be appropriate for me at this stage to comment upon the merits of the case of the prosecution. Suffice it to say that the petitioner has made out a case for bail even otherwise the petitioner is a permanent resident of Kumarsain, District Shimla having roots in the society and there is remote chance of his fleeing from justice. I think that this is a fit case where the petitioner should be granted bail and accordingly, the present bail petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 19 of 2014 dated 14.5.2014 registered at Police Station, New Shimla, under Sections 307, 147, 148, 149, 323 and 506 IPC, on his furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Judicial Magistrate, 1st Class, Court No. 1, Shimla, with the following conditions:

(i) That the petitioner 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/her from disclosing such facts to the Court or to any police officer;

(ii) that the petitioner shall not tamper with the prosecution evidence or threaten the witnesses;

(iii) that the petitioner shall make himself available for interrogation by the police officer as and when and if required.

(iv) that the petitioner shall not misuse his liberty in any manner.

Learned Judicial Magistrate 1st Class, Court No. 1, Shimla is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG/Misc. Instructions/93-IV. 7139 dated 18.3.2013.

Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.

Petition stands disposed of.

Copy ''dasti''.