Kamlesh Kumar vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No.07 of 2020, dated 28.02.2020, registered under Sections 323,504,506,326,307 read with Section 34 of the Indian Penal Code at Police Station Bagga, District Solan, H.P.

Learned counsel for the petitioner submits that the petitioner was arrested on 01.03.2020 in a case in which he stands falsely implicated. He further submits that the petitioner has got nothing to do with the offences alleged against him and even if it is to be assumed that a scuffle did take place in the manner in which the prosecution wants this Court to believe, then as is evident from the status report itself, the petitioner is not the main accused even as per the prosecution. He further states that as the challan already stands filed and no recovery is to be effected from the petitioner, no fruitful purpose would be served by keeping the petitioner in judicial custody.

On the other hand, learned Additional Advocate General while opposing the application has argued that taking into consideration the fact that the petitioner may intimidate the witnesses or may abscond and jump the bail and, thus, evade the investigation, it will be in the interest of justice in case the petition is dismissed.

I have heard learned counsel for the parties and have also gone through the status report as well as other documents appended with the petition.

A perusal of the record demonstrates that the alleged offence took place on account of a scuffle which took place between the complainant and the petitioner in a marriage ceremony. Apparently, it appears that it was on account of exchange of hot words which took place between the complainant and the petitioner that the alleged incident took place, in which the complainant is stated to have suffered injuries.

Even otherwise, as the challan already stands filed in the Court and no recovery etc. is to be effected as of now from the petitioner, in my considered view, no fruitful purpose would be served by detaining the petitioner in judicial custody. As far as the apprehension of the State that the petitioner may try to win over and influence the witnesses or he may try to evade the trial is concerned, the same can be taken care of by imposing strict conditions upon the petitioner, especially in view of the fact that it is not in dispute that the petitioner is a permanent resident of Village Korag, Post Office Kandhar, Tehsil Arki, District Solan, H.P.

Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 07 of 2020, dated 28.02.2020, registered under Sections 323,504,506,326,307 read with Section 34 of the Indian Penal Code at Police Station Bagga, District Solan, H.P., subject to his furnishing bail bonds in the sum of Rs.25,000/ with one surety of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Arki, District Solan, H.P. The petitioner shall also abide by the following conditions:

i) Petitioner shall 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;

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

iii) He shall not 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 Court or the Police Officer; and (iv) He shall not leave the territory of India without prior permission of the Court.

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.