Satinder Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

FIR No. 36/2021, dated 10.3.2021, under Sections 302, 451, 452, 341, 323, 506 and 34 of Indian Penal Code has been registered at Police Station,

Amb, District Una against the petitioner, his brother Raman Kumar and father Kewal Chand. The FIR was registered on 17.3.2021. Present petition

is filed by the petitioner seeking his release on regular bail.

The prosecution case in nut shell is that one Balwinder son of Shri Dhani Ram got recorded his statement under Section 154 Cr.P.C. on 10.3.2021.

He stated that he is an Electrician and was present in his home on 10.3.2021. At around 10:00 a.m. he heard noises, cries of his mother Smt. Lajwanti.

After coming out from bathroom, he saw his uncle (Chacha) Kewal Chand arguing with his father Dhani Ram. Kewal Chand pushed and threw his

father over the under construction foundation meant for their new home. Shri Kewal Chand started fighting with Dhani Ram. It was with great

difficulty that the complainant and his mother Lajwanti saved Shri Dhani Ram from Kewal Chand’s clutches.

Complainant Balwinder Kumar thereafter carried his father Dhani Ram on his scooty for the purpose of reporting the matter at Police Station, Amb.

Midway, Raman Kumar son of Kewal Chand, who was driving a motor cycle, stopped the motor cycle in front of the scooty driven by the

complainant, caught hold of Dhani Ram and threw him on the ground. As a result of the fall, Dhani Ram suffered serious injuries on his head and

various parts of his body. Complainant Balwinder Kumar further alleged that thereafter petitioner Satinder Kumar, son of Kewal Ram came to their

home and threatened real brother of the complainant with dire consequences. As per the status report, initially the FIR was registered on the basis of

above allegations under Sections 451, 341, 323, 506 and 34 of Indian Penal Code, however, Shri Dhani Ram, who was admitted in PGI, Chandigarh

died on 17.3.2021 which led to incorporation of Section 302 of Indian Penal Code in the FIR.

Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the FIR. He had no role whatsoever to play with the

offences alleged in the FIR. Even as per the FIR and prosecution case, the only allegation levelled by the complainant against the petitioner is that

after Raman Kumar had caused serious injuries on person of Shri Dhani Ram, the petitioner came to complainant’s home and threatened

latter’s real brother. The petitioner is in custody w.e.f. 17.3.2021. The investigation in the matter concerning the petitioner is complete. Therefore,

the petitioner should be enlarged on bail.

Learned Additional Advocate General has not disputed the above aspects, which have come out from the status report. Learned Additional Advocate

General also submitted that the challan stands presented before the court of competent jurisdiction on 25.4.2021.

The arguments made by learned counsel for the petitioner carry force. It is apparent from the perusal of status report that the only allegations

levelled against the petitioner is that after the alleged incident involving Raman Kumar, Balwinder Kumar and Shri Dhani Ram wherein Shri Dhani

Ram is stated to have suffered serious, grievous and life threatening injuries, the petitioner had allegedly visited the house of the complainant and

threatened his real brother. Whether under such circumstances, the offences alleged against the petitioner in the FIR can even be said to have been

committed by him or not is an altogether different matter to be considered by the learned trial court at the time of considering the evidence during trial.

However, considering the allegations against the petitioner, his role in the entire episode, as alleged in the status report, in my considered opinion does

not justify his further incarceration. The petitioner is local resident of Village Shivnagar Takarla, Teshil Amb, District Una and his presence can be

ensured during the trial. Accordingly, instant petition is allowed. Petitioner is ordered to be released on bail on his furnishing personal bond of Rs.

50,000/- with one local surety in the like amount to the satisfaction of learned trial Court having jurisdiction over the concerned Police Station, subject

to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner will not leave India without prior permission of the Court.

(iii) Petitioner shall not contact the complainant or his family members in any manner whatsoever.

Petitioner shall not contact, threaten or intimidate the victim in any manner whatsoever.

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the

facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in

the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an

opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Dasti Copy.