Shamim Khan vs State of Himachal Pradesh

The present bail applications have been moved by the petitioners, under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 104 of 2017, dated 12.3.2017, under Sections 447, 427, 379 and 506 of the Indian Penal Code, 1860 (for short "IPC"), registered at Police Station, Paonta Sahib, District Sirmaur, H.P.

As per the learned counsel appearing on behalf of the petitioners, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, thus they may be released on bail.

Police report stands filed. As per the prosecution story, on 12.3.2017, complainant made a complaint against the petitioners alleging therein that she is running a shop in the name and style of Magnet Square Fast Food outside the premises of Vishal Mega Mart. In the month of December, 2016, complainant lodged a complaint against Vishal Mega Mart regarding dismantling of the shop. On 11.3.2017, after closing the shop, the complainant and her husband went to their house and on the next morning, when they reached the shop, they found that their shop was totally demolished and some articles were also found broken on the spot. On the basis of the complaint, so filed by the complainant, police investigation ensued and during the course of investigation, the police has taken into possession, one affidavit of Siddarth Sharma and certain bills of LCD, mixi grinder etc., which the complainant claimed to have installed in the shop. The statements of the witnesses were also recorded. Lastly, the prosecution has prayed that the bail application of the petitioners may be rejected.

I have heard the learned counsel appearing on behalf of the petitioners, learned Law Officer for the State and gone through the record, including the police report, carefully.

The learned counsel appearing on behalf of the petitioners has argued that the petitioners are innocent and they are joining and cooperating in the investigation, as and when required. He has also argued that by keeping the petitioners behind the bars, no fruitful purpose will be served. He has further argued that the petitioners are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail. On the other hand, the learned Law Officer for the respondent, has argued that the petitioners have committed heinous crime, the bail application of the petitioners may be dismissed.

After taking into consideration the facts, which have come on record that as the petitioners are residents of the place and they are joining and co-operating in the investigation and they are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, this Court finds that the present is a fit case, where the judicial discretion to admit the petitioners on bail, in the event of their arrest, is required to be exercised in favour of the petitioners. Under these circumstances, it is ordered that the petitioners be released on bail, in the event of their arrest, in case FIR No. 104/2017, dated 12.3.2017, under Sections 447, 427, 379 and 506 of IPC, registered at Police Station, Paonta Sahib, District Sirmaur, H.P., on their furnishing personal bonds to the tune of Rs.10,000/- (rupees ten thousand only) with one surety each in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following conditions: i. That the petitioners will join investigation of case as and when called for by the Investigating Officer in accordance with law.

ii. That the petitioners will not leave India without prior permission of the Court.

iii. That the petitioners will 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 the Investigating Officer or Court.

Accordingly, the petitions are disposed of. Copy dasti.