Pyare Lal and Ram Lal vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C., for releasing the petitioners on bail in FIR No. 97/2011 dated 6.12.2011, registered at Police Station, Pachhad, District Sirmour, H.P, under sections 341, 323, 506, 34 IPC.

It has been stated that case has been registered against the petitioners at the instance of the complainant. The petitioners in view of registration of case apprehend their arrest. The petitioners are not involved in the case and they are innocent. The case has been registered on totally unfounded and baseless allegations. No. recovery is to be made from the petitioners and they are ready to join the investigation and furnish bail bonds in accordance with the directions of this court. The prayer has been made for releasing the petitioners on bail.

The status report has been filed. It has been stated that Ganga Ram on 6.12.2011 submitted a complaint in the police station. It has been stated that on 5.12.2011 the complainant and Jia Ram had gone to attend the marriage of son of Jit Singh in village Khale-Ki-Kheel. At about 10.00 p.m. Deeyalu Ram and Madan Lal told that Ram Lal and Pyare Lal had made a plan to raise a dispute with the complainant and Jia Ram. The complainant and Jia Ram proceeded to their houses at about 10.45 p.m. Ram Lal and Pyare Lal followed them and gave beatings to the complainant and Jia Ram. Ram Lal kicked the complainant and threw him in the forest, thereafter both of them gave beatings to Jia Ram and took Jia Ram with them. After about two hours, Jia Ram alongwith family members while searching the complainant reached the spot, lifted the complainant and took him to police station. The complainant has suffered injuries on his nose, both legs and on other parts of the body alongwith abrasions. Jia Ram has sustained injuries on nose, eyes and abrasions on both arms and legs. On this, complaint was registered.

It has been stated that Ganga Ram and Jia Ram were medically examined. Ganga Ram sustained injuries No. 1, 2, 3, which are simple and Jia Ram has simple injuries No. 1 to 7. It has come in investigation that Ram Lal and Pyare Lal gave beatings to complainant and Jia Ram on 5.12.2011 and also threatened to kill them. The learned Additional Advocate General has stated that investigation in the case is almost complete and challan is likely to be submitted. The learned Additional Advocate General has submitted for rejection of the bail application.

I have heard both the sides and perused the police file. It has come in the status report that petitioners have joined the investigation and no recovery is to be made from them. It has been stated that petitioners are likely to terrorise or win-over the prosecution witnesses. The threats of petitioners in future may create serious problem. The petitioners are likely to commit serious offence. The investigating agency has placed nothing on record in support of its apprehension that petitioners are likely to terrorise and win-over the prosecution witnesses or their alleged threatened acts may prove serious in future. The investigation in the case is complete and no recovery is to be made from the petitioners. The investigating agency has not prayed for custodial interrogation of the petitioners. The petitioners have made out a case for grant of bail in their favour, u/s 438 Cr.P.C.

In these circumstances, the petition is allowed and it is directed that in the event of arrest of the petitioners in FIR No. 97/2011 dated 6.12.2011, registered at Police Station, Pachhad, District Sirmour, H.P, under sections 341, 323, 506, 34 IPC., they shall be released on bail on their furnishing personal bond in the sum of Rs. 20,000/- each with one surety each of the like amount to the satisfaction of arresting officer with the conditions that petitioners 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.

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