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Kewal Ram vs State of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 4 January 2012 · Citation: (2012) 01 SHI CK 0014

HON’BLE JUDGES
Kuldip Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 332, 353, 506
RESULT
Allowed
CASE NUMBER
Criminal M.P. (M) No. 1127 of 2011
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Judgment

9 paragraphs · 521 words

Kuldip Singh, Judge

1.

This is an application, u/s 438 Cr.P.C., for releasing the petitioners on bail in FIR No. 196/2011 dated 26.12.2011, registered at Police Station, Chopal, District Shimla, H.P, under sections 353, 332, 506 IPC.

2.

It has been stated that above case has been registered on the basis of complaint of one Babu Ram working as driver in Himachal Road Transport Corporation at Chopal alleging that on 26.12.2011 the petitioner illegally restrained the complainant from discharging his official duties and also gave him beatings and further threatened to take away his life.

3.

The allegations leveled against the petitioner are false and baseless. The petitioner has been falsely implicated in the case. He is in no manner connected with the commission of offence. It has been stated that false complaint has been lodged against the petitioner when he told the complainant that he would bring to the notice of higher authorities regarding his misconduct for not stopping the bus when petitioner wanted to board the bus alongwith his ailing wife.

4.

It has been submitted that petitioner is innocent, he has committed no offence. No recovery is to be made from him. The petitioner is ready to join the investigation and furnish bail bonds. The prayer has been made for releasing the petitioner on bail.

5.

The bail application has been opposed by filing status report. It has been stated that case has been registered on the basis of written complaint dated 26.12.2011 submitted by Babu Ram in the police station alleging that on 26.12.2011 at about 9.30 at Jhikni Pul the petitioner slapped him, threatened to kill him and obstructed him from performing his duties.

6.

Heard and perused the police file. It has been stated that on 29.12.2011 the petitioner has joined the investigation. It has been stated that appointment letter of Babu Ram is to be taken into possession alongwith copy of duty register. It has been stated that no recovery is to be made from the petitioner. The investigation is incomplete. In the status report, no request has been made for custodial interrogation of the petitioner nor there is an allegation that petitioner is not cooperating in the investigation or threatening the witnesses. In these circumstances, the petitioner has made out a case for grant of bail in his favour u/s 438 Cr.P.C.

7.

In view of above, the petition is allowed and it is directed that in the event of arrest of the petitioner in FIR No. 196/2011 dated 26.12.2011, registered at Police Station, Chopal, District Shimla, H.P, under sections 353, 332, 506 IPC, he shall be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of arresting officer with the conditions that petitioner shall continue to join the investigation as and when called by the investigating officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner.

8.

Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of.