Tarun Sharma vs State of H.P.

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 42 of 2017, dated 15.05.2017, registered at Police Station Kandaghat under Sections 307, 323, 506, 504, 427 read with Section 34 of the Indian Penal Code.

Genesis of the FIR is a complaint lodged to the effect that the complainant was travelling in his vehicle alongwith his wife and two daughters on 13.05.2017. The complainant started from Solan at around 8 p.m. and when he reached Falkan Hotel, two persons who were riding a motorcycle came from wrong side at a great speed and hit the parapet. Thereafter, vehicle of the complainant was chased by the said riders of the motorcycle. They tried to stop the vehicle of the complainant, however, the complainant throttled the said efforts of the riders. The motorcyclist hit the front side of the vehicle of the complainant and they also broke the windows of his Car. The riders were also verbally abusing the complainant and his family and were making obscene gestures. As per the complainant, it was only when he reached Shoughi Police Post/Barrier that he stopped his Car and took police assistance.

Status report as directed by this Court stands filed, which is taken on record. Record of the case has also been made available by the learned Deputy Advocate General, which has been perused by the Court. As per the records, the petitioner is in custody since 15th May, 2017 and from 22nd May, 2017, he is in judicial custody. Petitioner happens to a student of Bhara University and is permanent resident of Village and Post Office Bhandewar, Tehsil Sarkaghat, District Mandi, H.P.

Taking into consideration the factual matrix involved in the case as well as the fact that the petitioner is in judicial custody since 22nd May, 2017 and he happens to be a young student and no recovery etc. is to be effected from him and is a permanent resident of Village and Post Office Bhandewar, Tehsil Sarkaghat, District Mandi, H.P., this Court deems it appropriate to release him on bail as in the considered view of this Court, whether or not the petitioner is guilty shall be adjudicated upon by the learned trial Court on the basis of evidence produced before it by the prosecution, however, no purpose will be served by retaining the petitioner in custody.

Accordingly, this petition is allowed and the petitioner is ordered to be released on bail, on his furnishing personal bond to the tune of Rs.25,000/- with one surety in the like amount to the satisfaction of learned trial Court, subject to the following conditions: (i) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

(ii) He shall not hamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(iii) He shall not 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 Court or the Police Officer; and

(iv) He shall not leave the territory of India without prior permission of the Court.

It is clarified that the observations made by this Court in this order are only for the purpose of adjudicating upon the present bail petition and the learned trial Court shall not be influenced by any of these observations while deciding the case on merits, in the course of trial. It shall be open for the prosecution to move this Court for cancellation of the bail in case petitioner abuses the bail which has been granted in his favour. Copy dasti.