Harinder Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is co-accused in FIR No.40/2021, dated 15.03.2021, registered under Sections 341, 323, 325, 326, 307, 506 and 34 of the Indian Penal

Code (IPC) at Police Station Kihar, District Chamba. He is in custody w.e.f. 19.03.2021 and by means of the present petition, seeks his release on

regular bail.

Heard learned counsel for the parties and gone through the status report.

The prosecution case against the petitioner in nutshell is that:-

3(i). FIR was registered on the basis of statement of one Sunil Kumar recorded under Section 154 Cr.PC. It was stated by the complainant that he

runs a motor-mechanic shop. On 15.03.2021, he was in Lachori market, when at around 3:15 pm, the bail petitioner came there from his own shop and

obstructed the complainant. The petitioner was carrying a sharp edged iron rod (toka). He hit the complainant with this weapon and inflicted injuries

on his head and right leg.

3(ii). One Sh. Madan Kumar intervened and saved the complainant from petitioner’s clutches. The iron rod carried by the petitioner was taken

away by the local people, who had gathered there. The petitioner is also alleged to have threatened the victim with dire consequences in future. This

led to registration of the FIR.

3(iii). During investigations, the complainant got recorded his statement to the effect that one Madan Kumar had also tried to intervene and save him

(complainant). In the process, Madan Kumar was also given beatings by the petitioner as well as by his brother Maninder Singh by punching him on

his nose and eyes. For this reason, Sections 325, 307 and 34 IPC were incorporated in the FIR.

3(iv). As per the status report, the complainant was discharged from hospital on 23.03.2021. On his MLC, the injuries inflicted on him were described

as ‘grievous’, leading to incorporation of Section 326 IPC in the FIR.

3(v). Madan Kumar was medically examined on 18.03.2021. In his MLC, the injuries allegedly suffered by him on the nasal bone have been reflected

as ‘previous’.

Learned Senior Counsel for the petitioner contended that the petitioner has been falsely implicated in the FIR. He has no role whatsoever in the

offences alleged against him. Referring to the MLCs of the complainant and Madan Kumar as well as the status report, learned Senior Counsel

submitted that in any case the injuries allegedly suffered by the complainant were grievous in nature and those found on the nasal bone of Madan

Kumar were ‘previous’, therefore, the petitioner deserves to be enlarged on bail. It was also pointed out that co-accused Maninder Singh has

been granted interim anticipatory bail in Cr.MP(M) No.615 of 2021. Learned Senior Counsel further submitted that in case of his enlargement on bail,

the petitioner will not influence the prosecution witnesses or tamper the prosecution evidence and will abide by all the terms and conditions, which may

be imposed upon him by this Court.

Learned Additional Advocate General while opposing the bail petition, submitted that the petitioner is accused of commission of serious offences. He

also submitted that in case this Court is inclined to grant bail to the petitioner, then the same be made subject to stringent conditions.

A perusal of the status report reflects that the injuries allegedly suffered by the complainant in the hands of petitioner, as per the MLC, were

grievous in nature, whereas those found on nasal bone of Madan Kumar were ‘previous’. There appears to be some improvement in the

version of the complainant over the time. The petitioner is aged 29 years and is behind the bars w.e.f. 19.03.2021. Investigation in the matter is stated

to be complete. Co-accused Maninder Singh has already been granted interim anticipatory bail in Cr.MP(M) No.615 of 2021. Petitioner is resident of

Village Biulla, Post Office Thakri Matti, Tehsil Salooni, District Chamba, Himachal Pradesh, therefore, his presence can be ensured in the trial.

Considering all the facts and circumstances of the case, in my considered opinion, cause of justice will not be advanced by keeping the petitioner in

custody any further. Looking into the mode and manner of the alleged offence, medical record as well as the status report and considering the present

COVID-19 pandemic scenario, the present petition is allowed. The petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of the learned trial

Court having jurisdiction over the Police Station concerned, subject to the following conditions: -

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

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

(iii). The petitioner will not leave India without prior permission of the Court.

(iv) . 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/her from disclosing such facts to the Court or any Police Officer.

(v). Petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in

the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any.

(vii). Petitioner shall not indulge in any criminal activities. It is made clear that in case the petitioner is arraigned as an accused in future in any FIR,

then this bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. This shall also be

considered as a negative factor for consideration of his future bail application, 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.

Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

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

Copy dasti.