Naresh Kumar vs State Of H.P

Jyotsna Rewal Dua, J

By means of this petition, petitioner seeks regular bail under Section 439 of the Code of Criminal Procedure in FIR No.84/2020, dated 08.09.2020, under Sections 452, 353, 332, 506 & 34 of the Indian Penal Code, registered at Police Station East, Shimla District Shimla H.P.

Heard learned counsel for the parties and gone through the status report filed by the respondent-State.

The gist of the prosecution case against the bail petitioner as it comes out from the status report is that:-

3(i). On 7.9.2020, at around 9.30 P.M., the petitioner alongwith other two co-accused under the influence of liquor beat up the security guard deployed at Block No.22 SDA Complex Legal Service Authority Kusumpti. The accused persons allegedly entered the aforesaid office and caused injuries to him. Petitioner was allegedly saved from this brawl by another security guard deployed at nearby located IncomeTax Office. The incident led to the registration of the aforesaid FIR. The petitioner was arrested on 8.9.2020.

3(ii) As per status report, investigation is almost complete. Nothing remains to be recovered from the petitioner/accused. Status report does not indicate any criminal antecedent of the petitioner.

3(iii) In view of the nature of accusations, the mode and manner of alleged commission of offences, coupled with the fact that the petitioner is behind the bars w.e.f. 7.9.2020, therefore in present Covid-19 pandemic times, no fruitful purpose would be served in keeping the bail petitioner in custody any further. Investigation in the matter is stated to be almost complete. Petitioner has no criminal antecedent. He is permanent resident of village Kamnadi, P.O. Korag, Tehsil Shri Renuka Ji, District Sirmaur, H.P. therefore, his presence can be secured in the trial. This bail application is accordingly allowed. Bail petitioner is ordered to be released in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.25,000/-with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). In case of launching of prosecutor, the petitioner shall attend the trial on every hearing, unless exempted in accordance with law;

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any; &

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the main matter without being influenced by the above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Authenticated copy be supplied to learned counsel for the parties through the Secretary/Private Secretary, in case so required.