Sabir Kumar @ Rimpu vs State Of H.P

Vivek Singh Thakur, J

This petition has been preferred seeking bail under Section 438 Cr.P.C, in case FIR No. 141 of 2020 dated 09.09.2020 registered in Police Station, Dharampur, District Mandi, H.P. under Sections 307, 324, 323 and 201 of the Indian Penal Code.

As per status report and submissions of learned Deputy Advocate General made under instructions of Investigating Officer present in Court, it has surfaced that the victim and complainant were consuming liquor together and petitioner was asking the complainant to consume more liquor, whereas, complainant had dropped the liquor on the floor whereupon petitioner had broken a bottle on the counter of the shop and hit on the neck of the complainant, which had caused injuries to the complainant. Petitioner had also received injuries. Statement of petitioner was also recorded before the Medical Officer, wherein he had stated that he had received injuries due to fall under intoxication in stairs of shop. So far as injuries received by the complainant is concerned, all injuries are simple in nature, however, doctor has opined that injury No. 1 could have been dangerous to life.

As informed, there is no previous history or involvement of the petitioner in any such criminal act and petitioner has joined the investigation and nothing is to be recovered from him. Learned counsel for the petitioner submits that complainant and petitioner are known to each other and an unfortunate incident has happened and the petitioner has not committed any act so as to infer that he is an accused for the commission of offence under Section 307 IPC.

Considering the narration of facts in the status report and submissions of learned counsel for the petitioner, no fruitful purpose is going to be served by sending the petitioner behind the bars. Accordingly, the petitioner is ordered to be enlarged on bail subject to furnishing personal bond in the sum of  Rs.50,000/- with one 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.

ix) He shall not involve in commission of same and similar offence and in such eventuality, bail in present case shall also be liable to be cancelled.

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. Dasti Copy.