Bhagat Singh vs State Of H.P

Jyotsna Rewal Dua, J

Instant bail petition under Section 438 of Code of Criminal Procedure arises out of FIR No. 180/2020, dated 9.10.2020, under Sections 353, 332, 186, 109 and 34 of Indian Penal Code, registered at Police Station, Theog, District Shimla.

According to the status report, on 9.10.2020 at around 8:45 P.M.,while ASI Tek Ram was discharging his duties for ensuring smooth flow of traffic on NH-5 at Nangal Devi, the petitioner entered into an altercation with him, obstructed him in discharge of his official duties and continued to engage him unnecessarily. On his instigation, one Sunil Bundel (petitioner in Cr.MP(M) No. 1872 of 2020) pounced upon ASI Tek Ram from behind, gave blows inflicting injuries on official's left ear, eye and head. Sunil Bundel thereafter statedly ran away from the spot. His identity was confirmed later on.

On the basis of above allegations, the FIR in question was registered against the petitioner and Sunil Bundel. Interim protection was granted to the petitioner vide order dated 12.10.2020.

Learned Additional Advocate General submitted that the petitioner pursuant to the order dated 12.10.2020 has joined the investigation and is co-operating with the investigating agency. Status report also records this fact. As per status report, neither any recovery remains to be effected from the petitioner nor any interrogation is due from him. Petitioner, is a local resident of Village Kandser, P.O. Fagu, Tehsil Theog, District Shimla, H.P. Status report does not reflect any criminal history of the petitioner. In light of these aspects, the interim protection granted to the petitioner vide order dated 12.10.2020 is made absolute subject to following conditions:

(i) The petitioner shall continue to join the investigation of the case as and when called for by the Investigating Officer in accordance with law and shall cooperate with the Investigating Agency.

(ii) The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) The petitioner shall not contact the complainant, threaten or browbeat him or to use any pressure tactics in any manner whatsoever.

(iv) The petitioner shall not leave India without prior permission of the Court.

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer;

(vii) The petitioner shall inform the Station House Officer of the concerned Police Station about their place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish furnish details of their Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter.

With the aforesaid observations, the present petition is disposed of, so also the pending miscellaneous applications, if any.