Pawan Kumar vs State Of H.P.

Vivek Singh Thakur, J

This petition has been preferred seeking regular bail under Section 439 Cr.P.C, in case FIR No. 7 of 2020 dated 11.01.2020 registered in Police Station, Tissa, District Chamba, H.P. under Sections 436, 307 and 324 IPC and Section 4 of Protection of Damage to Public Property Act.

Petitioner was arrested on 25.01.2020 and since then, after remaining in police custody, he is in judicial custody.

Status report stands filed. Along-with status report, as directed, copy of statement of Kamla Devi (mother of complainant as well as accused) recorded under Section 161 Cr.P.C duringinvestigation and photocopy of MLC have also been filed. The prosecution case is that accused has tried to kill his brother complainant Pratap during night intervening 10.01.2020 and 11.01.2020 by putting the rest house on fire. The reason of quarrel between the brothers has not been narrated in the FIR. However, it has come in the statement of mother of the parties that complainant Pratap had informed his wife Nima telephonically, his intention to marry wife of his younger brother i.e. accused Pawan Kumar. The said fact was disclosed by the wife of complainant to her mother-in-law Kamla Devi as well as to Pawan Kumar and thereafter Pawan Kumar had informed telephonically to his mother that he had done what he was intending to do. Thereafter, Pratap had informed his mother that Pawan Kumar had put rest house on fire.

As per status report, investigation is complete and nothing is to be recovered from the petitioner. It is also reported in the status report that Pawan Kumar is not residing in the Panchayat but earning his livelihood as a Woodcutter without stationing at one place. Learned counsel for the petitioner submits that as of now even complainant who is brother of accused is also ready to furnish surety bond in favour of the accused and further that the petitioner is also ready to furnish local surety.

Without commenting upon the veracity of the accusations and the statement recorded during the investigation and evidentary value thereof, considering entire material and information placed before me, I consider that it is a fit case, at this stage, to enlarge the petitioner on bail. Accordingly, petitioner is ordered to be released on bail subject to furnishing personal bond in the sum of `20,000/- with one local surety in the like amount to the satisfaction of the trial Court and also subject to the following conditions:-

i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

ii) 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/her from disclosing such facts to Court or to any Police Officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

iii) that he shall not obstruct the smooth progress of the investigation/trial;

iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

v) that the petitioner shall not misuse his liberty in any manner;

vi) that the petitioner shall not jump over the bail;

vii) that he shall furnish proof of his place of ordinary residence like certificate of Panchayat or any other authority which may be placed where his mother, brother or wife are residing and he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial; and

viii) he shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice.

In case the petitioner violates any conditions imposed upon him him, his bail shall be liable to be cancelled. In such eventuality prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.'

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.