Nikhil Thakur vs State Of H.P

Satyen Vaidya, J

Petitioner is an accused in case FIR No. 08 of 2023, dated 27.01.2023, under Sections 323, 341, 325, 147, 148, 149 and 382 of Indian Penal Code, registered at Police Station Shimla East, District Shimla, H.P.

The ground for grant of bail, raised on behalf of petitioner is that he has been falsely implicated. He has not indulged in commission of any offence much less the offence alleged against him in the present case. Petitioner is student and in case he is detained in custody, his career will be seriously prejudiced. Petitioner is stated to be having permanent residence. He has undertaken to abide by all the terms and conditions as may be imposed against them.

On notice, respondent-State has filed a status report, a copy of which has been placed in the file. It is stated that an information was received at police post Kasumpti on 01.01.2023 regarding the beatings inflicted upon the complainant by certain persons, which was recorded vide DDR No. 4, dated 01.01.2023. On 27.01.2023, the police post Kasumpti by way of E-mail forwarded to PS East Shimla, the complaint of complainant regarding the same incident as recorded vide DDR No.4 dated 01.01.2023. On the basis of such information, FIR was registered on 27.01.2023 at Police Station East Shimla.

The complainant had alleged in his complaints dated 01.01.2023 and 27.01.2023 that on 31.12.2022 he was travelling back from Sadhupul after celebrating New Year party. He alongwith other occupants of his vehicle were attacked by several persons in three cars, one of which was black coloured XUV, another was Tiago and third one was Alto 800. The complainant and another person, allegedly injured in the incident, were sent for the medical examination on 27.01.2023 and as per the opinion rendered by Medical Officer, the injuries were found on the person of the companion of the complainant were found to be simple, whereas one of the injury on the person of complainant was opined as grievous. It is alleged that during investigation, the implication of petitioner and several others were found in the incident. Two of the accused namely Vaibhav Sharma and Dhruv Sohal were arrested and later released on bail by learned Judicial Magistrate First Class.

The prayer for bail on behalf of petitioner has been opposed on the ground that the petitioner have committed lawlessness and thus no indulgence should be shown to him. It is also submitted that recovery of weapon of offence and a gold chain is required to be effected.

I have heard Mr. Umesh Kanwar, learned counsel for the petitioner as well as Mr. Varun Chandel, learned Additional Advocate General and have also gone through the relevant record.

The incident is alleged to have taken place during the intervening night of 31.12.2022 and 01.01.2023. It has not been explained as to why the case was not registered for such a long period. The delay in registration of case and consequent delayed investigation has to be taken with suspicion. The final medical opinion as to the duration between infliction of injury and medical examination will be relevant factor to be considered. It is also worth noticing that there was no allegation regarding snatching of gold chain by the complainant or any of his companion either on 01.01.2023 or 27.01.2023. This fact was stated by the complainant on 30.01.2023 while making his supplementary statement for the first time.

Though, this Court will not venture into minute scanning of the material collected by Investigating Agency during investigation, yet such material can always be looked into only for the purposes of assessing seriousness and gravity of accusations.

Petitioner is stated to be having permanent residence. He is either the student or in the earlier years of his career. No past criminal history has been attributed to him.

In such circumstances, no fruitful purpose shall be served by allowing the petitioner to be kept in custody. The allegations against him are subject to proof and in case so proved, petitioner will have his due in accordance with law. Pre-trial incarceration cannot be ordered as a matter of rule.

Petitioner has already joined the investigation. No case for his custodial interrogation is made out only on the basis of effecting recoveries especially in the circumstances where the allegation regarding snatching of gold chain itself is doubtful.

In order to secure fair investigation and trial, petitioner can be put to appropriate terms. There is no apprehension of his absconding or fleeing from course of justice. It is also not the case where the petitioner may be in a position to influence the prosecution witnesses as the main prosecution witnesses are the complainant and his companions. Six other co-accused with similar allegations have already been granted pre-arrest bail by this Court vide order dated 22.02.2023 passed in Cr.MP(M) Nos. 367, 368, 384, 386, 418 and 419 of 2023.

Keeping in view the aforesaid peculiar facts and circumstances of the case, the bail petition bearing No. Cr.MP(M) No. 439 of 2023 is allowed. In the event of arrest of petitioner in case FIR No. 08 of 2023, dated 27.01.2023, under Sections 323, 341, 325, 147, 148, 149 and 382 of Indian Penal Code, registered at Police Station Shimla East, District Shimla, H.P. he shall be released on bail on his furnishing personal bond in the sum of Rs.20,000/-with one surety in the like amount to the satisfaction of Investigating Officer/Arresting Officer. This order shall, however, be subject to following conditions:-

i. That the petitioner shall 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 from disclosing such facts to the Court or to nay police officer;

(ii) That the petitioner shall appear before the trial Court on each and every date of hearing of the case and shall not delay the trial of the case.

(iii) That the petitioner shall not leave the country without the prior permission of the Court.

However, it is made clear that the observations made hereinabove shall have no bearings on the merit of the case and shall be construed for the disposal of the present petition.