Dhani Ram Alias Sanju vs State Of Himachal Pradesh

Satyen Vaidya, J

The petitioner is an accused in case FIR No. 55 of 2022 under Sections 341, 323, 325, 307, 506 and 34 of IPC, registered at Police Station, Manpura, Tehsil Baddi, District Solan, H.P.

Brief facts necessary for adjudication of the present petition are that on 1.4.2022, police received information from CHC, Nalagarh that a person had been brought for treatment. Police visited the CHC, Nalagarh, where Bhajan Lal was found injured with injuries on his head and finger. The Medical Officer declared him unfit to make statement. Police recorded the statement of his friend Om Pal under Section 154 Cr.P.C., in which it was alleged that on 1.4.2022, complainant, injured and one another person named Ravinder Singh were standing outside their Car No. HP-12A-3233, near their land. Another vehicle came and was stopped in front of their car. Jonny @ Jaipal and petitioner alighted from the car and Jonny @ Jaipal caused injuries on the head of injured with an iron sickle, whereafter the injured was brought to CHC. After initial treatment at CHC Nalagarh, the injured was referred to PGI, Chandigarh. As per medical opinion, the injury on the head of injured Bhajan Lal was “dangerous to life” and was further opined to have been caused with sharp weapon.

The motive of offence is stated to be strained relationship between the parties on account of recording of some song. The investigation is stated to be complete and challan has been presented in the Court.

Petitioner has prayed for grant of bail on the grounds that he has been falsely implicated with ulterior purpose. As per petitioner, he was not even present at the spot. The information given to the police was not true and had been fabricated. It is further submitted that no recovery has been effected from the petitioner and no overt act has been attributed to him. Petitioner has undertaken to abide by all the terms and conditions, as may be imposed against him for grant of bail.

I have heard learned counsel for the parties and have also gone through the case file carefully.

The investigation is already complete. The only allegation against the petitioner is that he was accompanying Jonny @ Jaipal, who had caused injury on the head of injured Bhajan Lal. The motive and intent of petitioner, which can make him liable for commission of offence with the aid of Section 34 IPC is yet to be proved during the trial of the case. There is no allegation against the petitioner that he also had indulged in overt act, so as to cause injuries or any other harm to the injured or persons accompanying him.

The above noted facts have been noticed only for the purpose to have prima-facie assessment regarding seriousness and gravity of allegations against the petitioner. No criminal antecedents have been attributed to the petitioner. Petitioner is permanent resident of Village Rottanwala, Tehsil Baddi, District Solan, H.P. and no apprehension has been expressed regarding the possibility of his fleeing or absconding from the course of justice.

Petitioner is already in custody since 14.5.2022. Since the investigation is already complete, no fruitful purpose shall be served by prolonging his incarceration. Even otherwise, pre-trial incarceration is not the rule.

There is nothing in the status report filed on behalf of the respondent to suggest that in case of release of petitioner on bail, the trial of the case will be adversely affected. At this stage, the only concern of the Court is to secure fair and expeditious conclusion of trial and for such purpose, petitioner can be put to appropriate terms.

In view of peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 55 of 2022 under Sections 341, 323, 325, 307, 506 AND 34 of IPC, registered at Police Station, Manpura, Tehsil Baddi, District Solan, H.P., on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the learned trial Court.

This order, however, shall be subject to following conditions:

i) That the petitioner shall make himself available during the entire trial of the case.

ii) 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 from disclosing such facts to the Court or to the Police.

iii) That breach of any of the bail condition by the petitioner shall entail cancellation of the bail.

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

Any observation made herein above 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 herein above.