Sandeep Kumar vs State Of Himachal Pradesh

Anoop Chitkara, J

The petitioner, who is under arrest, on being arraigned as accused in FIR No. 194 of 2019, dated 12.12.2019, registered under Sections 212, 307,

332, 333 & 353 read with Section 34 of the Indian Penal Code in Police Station Manali, District Kullu, H.P., disclosing nonÂbailable offences, has

come up before this Court under Section 439 of the Code of Criminal Procedure, seeking regular bail.

Status report stands filed. I have seen the status report(s) as well as the Police report under Section 173(2) of the Code of Criminal Procedure, to

the extent it was necessary for deciding the present petition and heard learned counsel for the parties.

Prior to the present bail petition, the petitioner had filed a petition under Section 439 Cr.PC, before the learned Additional Sessions Judge, Kullu,

District Kullu, H.P. However, vide order, dated 04.01.2020, the Court dismissed the said petition.

The victim, who is working as a Home Guard, informed the Police Station Manali that when he was conducting his duty and was present on

patrolling, then on the intervening night of 11th/12th December, 2019, at around 1:15 a.m., four persons were standing near English wine shop in

Manali Bazaar. The victim was accompanied with another Home Guard personnel named Naresh Kumar. On seeking them standing, the victim

alongwith his companion Naresh Kumar told them that as it is too late in the night and being winters, they should leave back to their home. After that,

the victim and other Home Guard personnel Naresh Kumar went further for patrolling. When they had hardly walked for 50 metres, then those four

persons, who were standing near the English wine shop, came there and started beating Naresh Kumar with fist blows. At that time, one boy named

Rohit was also present there, who tried to save Naresh Kumar. After that, one of them took out something, which appeared like a pistol and fired on

Naresh Kumar. After that, those persons ran away from the spot. After the medical evidence, the police has incorporated Section 307 of the Indian

Penal Code in the FIR.

Mr. Maan Singh, learned counsel for the bail petitioner submitted that it was accused Shubham Pawar, who had fired upon Home Guard official

and the petitioner was just present. Be that as it may, the petitioner did not take any steps to intervene or stop said Shubham from assaulting the

victim, rather even they were indulging in giving beatings to him, as such, the petitioner does not deserve to be released on bail. However, after filing

of the chargesheet, he may come up before this Court, after placing on record the copy of the police report, received by him under Section 207 of the

Code of Criminal Procedure.

Resultantly, the petition is dismissed. The dismissal of this bail shall not come in the way of the petitioner filing subsequent bail petitions before this

Court. Any observation made in this order shall not be taken as an expression of opinion on the merits of the case, and the Court(s) shall decide the

matter uninfluenced by any observation made hereinabove.