Gian Chand vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

1 . The instant bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure for grant of bail, in the

event of his arrest, in case FIR No. 77 of 2021, dated 16.07.2021, under Sections 341, 323 and 506 IPC, registered at Police Station Rohru, District

Shimla, H.P.

As per the petitioner, he is innocent and has been falsely implicated in the present case. He is permanent resident of the place, thus neither in a

position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

Police report stands filed. As per the prosecution, on 16.07.2021, upon the complaint of Shri Tilak Raj (complainant) police registered a case. As

per the complainant, he is Pradhan of Gram Panchayat Krasa and at about 07:00 p.m. when he was present alongwith villagers, i.e., Shri Sikander and

Shri Suresh Kumar, at Bahali and was checking the work of the road one Gian Chand (petitioner herein) came armed with an axe. The petitioner

inflicted axe blows on the complainant, but he managed to dodge the same. In the brawl, the complainant sustained injuries. As per the complainant,

Shri Sikander and Shri Suresh Kumar rescued him from the petitioner. The complainant, while leaving the spot, threatened him to do away with his

life. Upon the complaint, so made by the complainant, police registered a case under the apt Sections of IPC and the investigation ensued. The

complainant was medically examined, police visited the spot of occurrence, prepared the spot map and recorded the statements of the witnesses.

Initially, the petitioner tried to evade his arrest, but on 21.07.2021 he joined the investigation. During the course of investigation, the petitioner divulged

that he was not armed with axe or any other weapon, the scuffle took place without any weapon and during the scuffle the complainant fell down and

sustained injuries by felling. As per the police, one more case under Sections 451, 427, 504 and 506 IPC and Sections 3(1) (s), 3(2), (v-a) SC &ST has

been registered against the complainant, in which, on 24.07.2021, he was arrested and is currently in judicial custody. Lastly, it is prayed that the

petitioner has committed a serious offence and in case, at this stage, if the petitioner is enlarged on bail, he may flee from justice or tamper with the

prosecution evidence, so the bail application of the petitioner may be dismissed.

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

police report, carefully.

The learned Counsel for the petitioner has argued that the petitioner is innocent and he has been falsely implicated in the instant case. He is

permanent resident of the place, thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further

argued that the custody of the petitioner is not at all required by the police for any purpose, as nothing remains to be recovered at his instance or from

him. Investigation is almost complete and moreover the petitioner, being the local resident, is not in a position to flee from justice. He has prayed that

the bail application be allowed in the above backdrop. On the other hand, learned Additional Advocate General, has argued that the petitioner was

found involved in a serious offence and the investigation is still going on, so in case the petitioner is enlarged on bail, he may tamper with the

prosecution evidence or may flee from justice, so the bail application of the petitioner may be dismissed.

In rebuttal, the learned Counsel for the petitioner has argued that the petitioner is ready and willing to join the investigation, as during the period of

interim bail, he has joined the investigation and co-operated in it and he is also ready to abide by the terms and conditions of bail, in case granted. He

has argued that considering the overall facts and circumstances of the case and the fact that the petitioner is joining the investigation and co-operating

in it, he may be enlarged on bail, by allowing the instant application.

At this stage, considering the manner in which the offence is alleged to have been committed, the fact that during the course of investigation the

petitioner joined and co-operated in it, the fact that the petitioner is permanent resident of the place, thus neither in a position to flee from justice nor in

a position to tamper with the prosecution evidence, the custody of the petitioner is not at all required by the police, he is ready and willing to abide by

the terms and conditions of bail, in case granted, the fact that sending the petitioner behind the bars will not serve any fruitful purpose and also

considering the overall facets of the case and without discussing them elaborately, this Court finds that the present is a fit case where the judicial

discretion to admit the petitioner on bail, in the event of his arrest, in this case, is required to be exercised in his favour. Accordingly, the petition is

allowed and it is ordered that the petitioner, in the event of his arrest, in case FIR No. 77 of 2021, dated 16.07.2021, under Sections 341, 323 and 506

IPC, registered at Police Station Rohru, 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 Investigating Officer. 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.