Inder Singh vs State of Himachal Pradesh

Kuldip Singh, J.—This is an application u/s 439 Code of Criminal Procedure for releasing the applicant on bail in FIR No. 142 of 2011 dated 02.07.2011, registered at Police Station Theog under Sections 307, 326, 354, 452, 324 and 323 Indian Penal Code. The Status report has been filed.

It has been submitted by the learned Counsel for the applicant that the applicant has been falsely implicated in the case by Tara Chand cousin of the applicant on account of land dispute. The complainant and her husband are working as labourers with Tara Chand. It has been submitted that No. recovery is to be made. The investigation in the case is complete. The continuous detention of the applicant will not serve any purpose. The applicant has a son about 6 years old. The mother of the child has died five years back. There is nobody to look after the child. The said child is studying in 3rd standard. The applicant is a law-abiding person, he will abide by the terms of the bail, in case he is released on bail.

The bail application has been opposed by the learned Additional Advocate General on the ground that the applicant has committed a serious offence. He is head-strong person and, therefore, he may not be released on bail. It has been stated that investigation in the case is almost complete, report from Forensic Science Laboratory is awaited. No. recovery is to be made from the applicant, who was arrested on 02.07.2011.

I have considered the submissions made on either side. The learned Counsel for the applicant has stated that applicant believes that main witnesses in the case are the complainant and her husband. It appears from the status report that even as per the Investigating Agency the applicant came in the cowshed where complainant was already present. He had some altercation with the complainant and thereafter rest of the alleged occurrence took place.

It has been alleged that the applicant took ''bharara'' lying in the cowshed and hit on the head and other parts of the body of the husband of the complainant. Thus, from the status report, it can be inferred that alleged occurrence took place all of a sudden. In these circumstances, the applicant has made out a case for grant of bail. Accordingly, the application is allowed. The applicant is ordered to be released on bail in FIR No. 142 of 2011 dated 02.07.2011, registered at Police Station Theog under Sections 307, 326, 354, 452, 324 and 323 Indian Penal Code, on furnishing personal bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the learned Judicial Magistrate, Theog, with the condition that the applicant shall not hamper investigation and tamper with the prosecution evidence or terrorize the prosecution witnesses in any manner.

The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case.

Copy ''Dasti''