Sanjay Kumar vs State of H.P.

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 147/2011 dated 25.10.2011 registered at Police Station, Karsog, Distt. Mandi, H.P., under sections 147, 149, 323, 326, 506 IPC.

It has been stated that petitioner is innocent, he has committed no offence. The petitioner was on duty at Shimla when the complaint was lodged against him. The case has been got registered by the complainant as a counterblast to the case which has been got registered by the father of the petitioner at Karsog.

The petitioner is ready to join investigation and furnish bail bonds in accordance with the directions of this court. The Whether the reporters of the local papers may be allowed to see the Judgment?. petitioner apprehends his arrest in view of registration of above case. The petitioner is working as Medical Officer in IGMC, Shimla. The prayer has been made for releasing the petitioner on bail.

The status report has been filed and bail application has been opposed. It has been stated that there are six accused in the case. It has been stated that case has been registered at the instance of Rasid, who came to police station on 25.10.2011 alongwith Lalit Kumar. The complainant has stated that he had been working for the last three years in automobile workshop as mechanic. On 25.10.2011, he was working in the workshop, at about 11.00 a.m., Hans Raj came in the workshop without job card and asked the complainant to attend his vehicle on priority. The complainant had shown his inability for want of gas. On this Hans Raj gave him beatings and left the place. Thereafter Sunil s/o Hans Raj came in the workshop and gave beatings to Lalit Kumar and left the place. After some time, Sanjay, Pawan, Peeyush, Anuj, Sunny etc. again came there and threatened the complainant etc. to come out of the shop, they would kill them. On this case has been registered.

It has been stated that injured have been got medically examined and injuries on their persons were found simple. It has been stated that except petitioner other five accused have already been released on bail. The investigation in the case is complete. It has also been stated in the status report that no recovery is to be made. The anticipatory bail to the petitioner has been opposed on the ground that in case petitioner is released on bail, he will terrorise the prosecution witnesses.

Heard and perused the police file. There are in all six accused, out of them five have already been released on bail. It is not the stand of the investigating agency that petitioner has not cooperated in the investigation. In the status report itself, it has been stated that no recovery is to be made from the petitioner. The apprehension of the investigating agency that petitioner will terrorise the prosecution witnesses in case he is released on bail, is without any foundation. The petitioner has made out a case for grant of bail u/s 438 Cr.P.C. in his favour.

In these circumstances, the petition is allowed and it is directed that in the event of arrest of the petitioner in FIR No. 147/2011 dated 25.10.2011 registered at Police Station, Karsog, Distt. Mandi, H.P., under sections 147, 149, 323, 326, 506 IPC, he shall be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of arresting officer with the conditions that petitioner shall continue to join the investigation as and when called by the investigating officer and shall not terrorise, overawe any prosecution witness or 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.