Ravi Thakur vs Himachal Pradesh Staff

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 94 of 2022, dated 19.04.2022, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P. under Sections 498-A and 306 of the Indian Penal Code.

Mr. N.K. Thakur, learned Senior Counsel appearing for the petitioner has argued that the petitioner is an army personnel and he otherwise is a local resident of village Chariyan Di Dhar, PO Bauru, Tehsil Bamsan at Tauni Devi, District Hamirpur, H.P. and ancestors of the petitioner have been residing in the village since long. Learned Senior Counsel has further argued that after the unfortunate incident, in which, wife of the petitioner lost her life, the petitioner is in custody w.e.f. 19.04.2022 and presently, he is stated to be lodged in judicial custody. Learned Senior Counsel has further argued that as of now, investigation is complete and no recovery etc. is to be effected from him and further as challan also stands filed, now no purpose is going to be served by detaining the petitioner further in custody, and therefore, a prayer has been made that the present petition be allowed and the petitioner be ordered to be released on bail, as otherwise also the petitioner is to join his service.

The petition is opposed by learned Additional Advocate General on the ground that the offences alleged against the petitioner are heinous and further taking into consideration the facts involved in the present case, the possibility of the petitioner, trying to influence the witnesses and thus hamper the course of trial, after release on bail, cannot be ruled out. Accordingly, he submits that the present petition be dismissed.

I have heard learned Senior Counsel for the petitioner as well as learned Additional Advocate General. I have also gone through the contents of the petition as well as documents appended therewith and the status report as also other record which has been produced before the Court by the State.

As already stated hereinabove, the FIR is dated 19.04.2022 and the petitioner is stated to be in custody since then. It is not in dispute that as of now, investigation is complete and challan also stands filed in the Court of law. It is also not in dispute that the petitioner is serving in Indian Army. In these circumstances, as the investigation is complete and challan already stands filed in the Court, this Court is of the considered view that now no purpose is going to be served by detaining the petitioner further in custody. As far as the apprehensions pointed out by learned Additional Advocate General are concerned, the same can be and are being taken care of by this Court by imposing strict conditions upon the petitioner while ordering his release on bail.

In view of above discussion, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 94 of 2022, dated 19.04.2022, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P. under Sections 498-A and 306 of the Indian Penal Code, on his furnishing personal bond to the tune of Rs.50,000/- with one surety in the like amount to the satisfaction of the concerned CJM/ACJM/JMFC within a period of two weeks from today, subject further to the following conditions:-

·         Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

·         He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

·         He shall not 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 the Court or the Police Officer; and

·         He shall not leave the territory of this Country.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced in any manner whatsoever by any of the findings so returned by this Court in the adjudication of this petition during the course of the trial of the case. It is further clarified that in case the petitioner does not complies with any of the conditions, which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.