Kamaljit Singh vs State of Himachal Pradesh

Kuldip Singh, Judge

This judgment shall dispose of Cr.M.P.(M) Nos. 119, 120, 121, 122, 123, 124 and 125 of 2012 which have been filed by Kamaljit Singh, Balwinder Singh, Lakhbir Singh, Sunny Sharma, Balwinder Singh, Davinder Singh and Rohit Sharma, respectively for releasing them on bail in FIR No. 3 of 2012 dated 15.1.2012 registered at Police Station, Bangana, District Una under Sections 147, 148, 149, 307, 427 IPC and Section 187 of the Motor Vehicles Act. It has been stated that the petitioners are innocent, they have committed no offence and they have been falsely implicated in the case. The case at the most as per the allegations is of road rage and not attempt to murder etc. as alleged. The petitioners have been arrested on 15.1.2012 and since then they are in custody. The continuous detention of the petitioners is not necessary. It has been stated that petitioners are ready to furnish bail bonds in accordance with the directions of this Court. The petitioners earlier filed bail applications which have been dismissed by the learned Additional Sessions Judge, Una on 28.1.2012. The prayer has been made for releasing the petitioners on bail.

The status report has been filed. It has been stated that the case has been registered on the statement u/s 154 Cr.P.C. of Karnail Singh. The prosecution case is that on 14.1.2012 the complainant at about 9.50 p.m. had gone from Thana Kalan to drop Sunil Kumar at his residence at Chaproh. Near Chaproh temple the driver of a black jonga in which 6-7 persons were sitting hit the vehicle of the complainant, who stopped his vehicle. Jonga was also stopped by the driver and asked the complainant what problem he had, 6-7 boys who were sitting in the jonga came out and started quarrelling with the complainant. The complainant took his vehicle to the house of his sister at Kakrana. The driver of jonga also followed him and stopped the jonga outside the house of the sister of the complainant. Mukesh in order to save the complainant came there in his vehicle HP39-6278. On this, all the persons sitting in the jonga alongwith driver came out with shovel, baseball, takwa and broke the window panes of the vehicle of Mukesh and ran from Kakrana towards Bhakhra.

The complainant and Mukesh informed this to Vikas brother of Mukesh, who with the help of villagers tried to stop the jonga at Tihra. The driver of jonga ran over one person at that place who was taken to hospital. Jonga driver took out jonga from Tihra. The complainant, Mukesh with some persons chased jonga and informed Shishan to stop jonga at Vasoli. Shishan on his turn asked Raj Kumar to stop the jonga. However, Raj Kumar with the help of others tried to stop the jonga at Vasoli by putting bench and his own vehicle on the road. The jonga driver tried to run over Raj Kumar. The persons sitting in the jonga attacked Raj Kumar with shovel and takwas, but fortunately Raj Kumar was saved and all the persons sitting in the jonga were over powered by the villagers. The persons sitting in the jonga alongwith driver had attacked with intention to kill, on this case was registered.

The vehicle PB-67C-4746 has been taken into possession. Shovel, Takwas have also been recovered. Surinder Mohan injured was got medically examined and he has been referred to Regional Hospital, Una and is under treatment. The petitioners were arrested on 15.1.2012 and are now in judicial custody. The medical officer has opined injuries No. 1 and 4 grievous blunt. The injured is now under the treatment at Jalandhar. The applications of the petitioners were rejected by the learned Additional Sessions Judge, Una. The prayer has been made for rejection of the petitions.

Heard and perused the record. The prosecution case is that petitioners gave beatings to the complainant party. The Learned Counsel for the petitioners has submitted that on the basis of allegations no case u/s 307 IPC is made out. The case at the most as per the allegations is of road rage. The petitioners were arrested on 15.1.2012 and since then they are in custody. The recoveries have been made and it appears the investigation in the case is complete. The preparation of the challan and thereafter trial will take some time. In the status report no apprehension has been shown that in case petitioners are released on bail, then they will terrorise or overawe the prosecution witnesses. It has been submitted that the petitioners are from Punjab and, therefore, they may not be released on bail. This is no ground for refusing the bail. It has not been stated that in case the petitioners are released on bail then they will not be available for trial. No purpose will be served for keeping the petitioners in jail for indefinite period. In these circumstances, the petitioners have made out a case for grant of bail.

In view of above, all the petitions being Cr.M.P.(M) Nos. 119, 120, 121, 122, 123, 124 and 125 of 2012 are allowed. All the petitioners are ordered to be released on bail in FIR No. 3 of 2012 dated 15.1.2012 registered at Police Station, Bangana, District Una under Sections 147, 148, 149, 307, 427 IPC and Section 187 of the Motor Vehicles Act, on their furnishing personal bonds in the sum of Rs. 50,000/- each with two sureties each of the like amount to the satisfaction of JMIC, Court No. II, Una and the sureties shall be the residents of District Una, H.P. with further conditions that the petitioners shall not overawe or terrorize the prosecution witnesses and shall not tamper with the prosecution evidence in any manner. The petitioners shall maintain absolute peaceful and lawful conduct during the pendency of the case. The observations made in this judgment are for disposal of bail petitions only and the same shall not be construed as an expression of opinion on the merits of the case.