Ishant Manta vs State of Himachal Pradesh

The present bail application has been moved by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail, in case FIR No. 98 of 2017, dated 30.08.2017, registered under Sections 307, 323, 341 and 506 read with Section 34 of Indian Penal Code, 1860 (for short "IPC"), registered at Police Station Rohru, District Shimla, H.P.

As per the learned counsel for the petitioner, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is resident of the place, neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, thus he may be released on bail.

Police report stands filed. As per the prosecution story, on 03.08.2017, statement of Shri Naresh Kumar (complainant) was recorded under Section 154 Cr.P.C., wherein he has stated that on 30.08.2017, around 4:30 p.m., when he was going alongwith one Chirag Multani to a shop, a red coloured vehicle bearing registration No. HP10A-1208 came and 2-3 boys alighted from it. The boys, who alighted from the vehicle, started thrashing Chirag Multani and one boy was having stick. Chirag Multani was rescued by him and Rajinder Multani. The said boys also threatened Chirag Multani to do away with his life. Chirag Multani was brought for treatment to hospital. On this statement of the complainant, police machinery was set into motion and FIR was registered against the accused persons. Police conducted thorough investigation into the matter. The injured was referred from Rohru, Hospital to Indira Gandhi Medical College, Shimla. Police prepared the spot map and also recorded the statements of the witnesses. On 31.08.2017 the vehicle used in the alleged offence was also taken into possession. The medico legal certificate of the injured revealed that the injuries caused to him were life threatening. The investigation revealed involvement of the petitioner and other co-accused in the commission of the offence. On 04.09.2017 the petitioner was arrested and since then he is in custody. It has also come in the police investigation that on 30.08.2017 after thrashing the injured the petitioner and other accused gave beatings to one Ajay Dhiwan also. As per the prosecution, there is anger in the society against the petitioner and other accused. The injured is still under treatment in Indira Gandhi Medical College, Shimla, and he is not in a position to give his statement. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.

I have heard the learned counsel for the petitioner, learned Law Officer for the State and gone through the record, including the police report, carefully.

The learned counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the present case, he was only driving the car and he disclosed the names of the accused persons to the police. He has further argued that the petitioner may be released on bail as no purpose will be served by keeping him behind the bars for an unlimited period. He has further argued that the petitioner is not in a position to tamper with the prosecution evidence and also not in a position to flee from justice. Conversely, the Law Officer appearing for the respondent/state has argued that as per the investigation carried out by the police, the role of the petitioner is that he was driving the vehicle, but he was also apprehended by the police and he has not himself surrendered to the police. He has further argued that taking into consideration the seriousness of the offence and anger in the society, the present application may be dismissed.

At this stage, taking into consideration the fact that the petitioner was driving the vehicle and he has not, in fact, participated in giving beatings to the injured and his role was that the accused persons, who gave beatings to the injured, came in his car, and also the arguments, as advanced by the learned counsel for the petitioner that the action of the petitioner is severable from that of other accused persons and also looking into other material, which has come on record, and without discussing the same at this stage, this Court finds that in the interest of justice the petitioner is required to be enlarged on bail. Therefore, keeping in view the above facts, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Under these circumstances, it is ordered that the petitioner be released on bail, in case FIR No. 98 of 2017, dated 30.08.2017, registered under Sections 307, 323, 341 and 506 read with Section 34 IPC, registered at Police Station Rohru, District Shimla, H.P., on his furnishing personal bond to the tune of Rs.10,000/- (rupees ten thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:

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

(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.