Raj Kumar And Others vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioners have approached this Court seeking anticipatory bail under Section 438 Code of Criminal Procedure (in short ‘Cr.P.C.’), in FIR No.138 of 2022, dated 11.10.2022, registered in Police Station Nagrota Bagwan, District Kangra, H.P., under Sections 147, 149, 323, 341, 307 and 506 of the Indian Penal Code (in short ‘IPC’).

Status report stands filed. Record has also been made available.

As per status report, petitioners have joined investigation and their interrogation is complete and weapon of offence has been recovered.

Learned counsel for the petitioners has submitted that now nothing is to be recovered from the petitioners and names of the petitioners have also not been mentioned in the FIR, which creates doubt about veracity of allegation levelled against the petitioners. Further that, petitioners had cooperated with Investigating Agency and are abiding by the conditions. He has further pointed out in the status report that it has been mentioned that injured Raj Kumar, after getting treatment from the Hospital, has been discharged and there is no danger to his life. It has been claimed on behalf of the petitioners that none of them was present on the spot at the time of incident.

Learned Additional Advocate General has opposed enlargement of the petitioners on bail on the ground that they are accused in serious offence under Section 307 IPC and, thus, not entitled for bail.

Taking into consideration the entire facts and circumstances, but, without commenting on merits of rival contentions of parties and taking into account factors and parameters, as propounded by the Supreme Court and this Court, required to be considered at the time of adjudication of bail application, I am of the opinion that petitioner may be enlarged on bail in present case at this stage.

Accordingly, present petitions are allowed and petitioners are directed to be enlarged on anticipatory bail, subject to their furnishing personal bonds in the sum of `30,000/-each with one surety each in the like amount to the satisfaction of the trial Court/Sessions Court, Kangra at Dharamshala, H.P., within two weeks upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to assure the presence of petitioners/accused at the time of trial:-

(i) That the petitioners shall make themselves 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. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

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

(iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or suspected;

(v) that the petitioners shall not misuse their liberty in any manner;

(vi) that the petitioners shall not jump over the bail;

(vii) that in case petitioner indulges in repetition of similar offence(s) then, their bail shall be liable to be cancelled on taking appropriate steps by prosecution;

(viii) that the petitioners shall not leave the territory of India without prior permission; and

(ix) that the petitioners shall inform the Police/Court their contact numbers and shall keep on informing about change in addresses and contact numbers, if any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioners as it may deem necessary in the interest of justice.

In case the petitioners violate any condition imposed upon them, their 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.

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.

Petitions are disposed of in aforesaid terms.

Copy dasti.

Petitioners are permitted to produce/use copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court/Sessions Court, Kagnra at Dharamshala, H.P., and the said Court shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.