Virender Sharma vs State Of H.P

Virender Singh, J

The order of mine shall dispose of the bail application, which has been filed by the applicant, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’).

By way of the bail application, the applicant has sought his release, on bail, during the pendency of the trial, in case FIR No. 7 of 2023, dated 9.1.2023, registered under Section 307of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Manali, District Kullu, H.P.

According to the applicant, he is an innocent person and has nothing to do with the offence, for which, he has been arrested. He has not committed the alleged offences and has falsely been implicated, in the present case.

It has been mentioned in the application that no offence, under Section 307 IPC is made out against him. The investigation is also stated to be complete, in this case.

The applicant has tried his luck by moving the bail application, before the Court of learned Additional Sessions Judge, Kullu, District Kullu, vide bail application No. 154 of 2023, however, the same has been dismissed on 2.8.2023.

On the basis of the above facts, Mr.Divya Raj Singh, learned counsel, appearing for the applicant, has given certain undertakings, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail, during the trial.

A prayer has, therefore, been made to allow the bail application.

When put to notice, the police has filed the status report, disclosing therein, that on 8.1.2023, a telephonic information was received in Police Station, Manali from the Mission Hospital, Manali, where a person in injured condition was brought for treatment, upon which ASI Girdhari Lal, alongwith other police officials reached the spot, where complainant Priyal Acharya got recorded his statement, under Section 154 of Cr. P.C., disclosing therein that he is owner of Woodwine hotel.

9.1 On 8.1.2023, at about 9:30 p.m., he was present in the hotel, then, he made a call to the staff of his café, which, the complainant had taken on lease. It has been informed that one customer, who was present in the café, was showing the revolver to the staff and threatening them. Upon this, the complainant reached the café, where the said person was found to be sitting on the table. The complainant has asked him as to what mistake they have committed and as to why he is threatening them by showing the revolver. The said person (applicant) took out the revolver from his pocket and threatened to kill him. He had taken out his revolver on one or two occasions, and thereafter, he fired on the complainant. Consequently, the complainant suffered the gunshot on his right leg. According to him, had he not saved him, then he would have been killed. The said person has disclosed his name as Virender Sharma (applicant).

On the basis of above facts, police registered case under Section 307 IPC read with Section 25 of the Arms Act.

After registration of the FIR, police machinery swung into motion. The medico-legal examination of the injured got conducted. The spot map was prepared.

On 9.1.2023, the applicant was arrested. During investigation, it has been found that on 8.1.2023 at about 9:30 p.m., the applicant had gone to the café and asked the staff to provide him wine. But, when they have refused to do so, they had taken out the revolver and threatened them.

During investigation, the applicant has got recovered the revolver alongwith six cartridges, in pursuance of the disclosure statement, under Section 27 of the Indian Evidence Act.

Police has submitted the report under Section 173 (2) Cr. P.C. The case is now fixed for 4.10.2023, for consideration on charge.

Investigation, in the present case, is complete. This fact has been demonstrated from the fact that the Police has submitted the challan, which is now fixed for consideration on charge.

The role, allegedly, played by the applicant, will be proved during the trial and he cannot be kept in judicial custody for the indefinite period.

The accused is presumed to be innocent till the conclusion of the trial. Moreover, the bail application cannot be rejected as a matter of punishment, as, pre-trial punishment is prohibited under the law.

The chances of commencement and conclusion of the trial, in near future, are not so bright, as such, no useful purpose would be served by keeping the applicant in judicial custody.

So far as the averments made by learned counsel for the applicant with regard to the fact that no offence is made out under Section 307 IPC, this fact has to be gone into by the learned trial Court at the time of framing of charge, or during the trial, when the prosecution will lead evidence.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed.

Consequently, the bail application is allowed and the applicant is ordered to be released on bail in case FIR No. 7 of 2023, dated 9.1.2023, registered under Section 307 of the IPC and Section 25 of the Arms Act, with Police Station Manali, District Kullu, H.P., subject to his furnishing personal bond in the sum of ₹ 50,000/-, with one surety in the like amount, to the satisfaction of the learned trial Court. This order, however, shall be subject to the following conditions:

a) The applicant 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;

b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) The applicant shall not leave the territory of India without the prior permission of the Court.

Any of the observations, made hereinabove, shall not be taken as an expression of opinion on the merits of the case and the learned trial Court shall decide the matter uninfluenced by any of the observations made hereinabove.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of concerned Jail, through e-mail, with a direction to enter the date of grant of bail in the e-prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of concerned Jail, is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent of concerned Jail, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.