Gulab Chand Negi vs State of Himachal Pradesh

By way of instant petition, a prayer has been made on behalf of the bail petitioner for grant of bail in case FIR No.152/16 dated 9.8.2016, under Sections 341, 504, 506, 143, 149 IPC & Section 4(1) (r) of the SC/ST (Prevention of Atrocities) Amended Act 2015, (1 of 2016) registered at Police Station Kullu, District Kullu, H.P.

Sequel to order dated 28.8.2017, Mr. Nag Dev Thakur, Sub- Inspector, P.S. Sadar, Kullu, has come present along with records. Record perused and returned. Mr. M.L. Chauhan, learned Additional Advocate General, has also placed on record status report, which has been prepared on the basis of record of investigating agency.

Vide order dated 28.8.2017, this Court had specifically directed the petitioner to join investigation as and when called by the Investigating Agency. Mr. M.L. Chauhan, learned Additional Advocate General, on instructions, fairly stated that the petitioner has joined investigation in terms of aforesaid order and at this stage, his custodial interrogation is not required since nothing is required to be recovered from the bail petitioner. Mr. Chauhan, further contended that investigation in the case is complete and at this stage investigation agency has no objection, in case he is released on bail subject to the condition that he shall make himself available as and when required by the Investigating Agency.

Needless to say object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial. Otherwise, bail is not to be withheld as a punishment. Otherwise also, normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime. Petitioner is local resident of District Kullu, and he shall remain available to face the trial and to undergo imprisonment, if any, imposed upon him.

The Hon''ble Apex Court in Prasanta Kumar Sarkar v. Ashis Chatterjee and Another (2010) 14 SCC 496, has laid down the following principles to be kept in mind, while deciding petition for bail:

(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) nature and gravity of the accusation;

(iii) severity of the punishment in the event of conviction;

(iv) danger of the accused absconding or fleeing, if released on bail;

(v) character, behaviour, means, position and standing of the accused;

(vi) likelihood of the offence being repeated;

(vii) reasonable apprehension of the witnesses being influenced; and

(viii) danger, of course, of justice being thwarted by grant of bail.

In view of the aforesaid discussion, petitioner has carved out a case for grant of bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in case FIR No.152/16 dated 9.8.2016, under Sections 341, 504, 506, 143, 149 IPC & Section 4(1) (r) of the SC/ST (Prevention of Atrocities) Amended Act 2015, (1 of 2016) registered at Police Station Kullu, District Kullu, H.P., on his furnishing personal bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned trial Court with following conditions:

a. He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b. He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c. He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or the Police Officer; and

d. He shall not leave the territory of India without the prior permission of the Court.

It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail.

Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone. The bail petition stands accordingly disposed of.

Copy dasti.