Himachal Pradesh High Court

Manjot vs State Of Himachal Pradesh on 4 July, 2023

Bench: Virender Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CrMP(M) Nos.1551 to 1554 & 1601 of 2023

                                     Decided on          : 04.07.2023





    1.         Cr.MP(M) No.1551 of 2023





    Manjot                                            ...Applicant

                                Versus





    State of Himachal Pradesh                         ...Respondent

    2.         Cr.MP(M) No.1552 of 2023.

    Jaswinder Kaushik                                 ...Applicant

                                Versus

    State of Himachal Pradesh                         ...Respondent



    3.         Cr.MP(M) No.1553 of 2023.

    Rajinder Singh @ Jindu                            ...Applicant




                                Versus





    State of Himachal Pradesh                         ...Respondent





    4.         Cr.MP(M) No.1554 of 2023.

    Nand Lal                                          ...Applicant

                                Versus

    State of Himachal Pradesh                         ...Respondent







    5.                 Cr.MP(M) No.1601 of 2023.

    Akshay Kashyap                                                        ...Applicant




                                                                              .
                                              Versus





    State of Himachal Pradesh                                             ...Respondent





    Coram

The Hon'ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1

For the applicant(s) : Mr. N.S. Chandel, Senior Advocate with Mr. Vinod Gupta, Advocate.

For the respondent(s) : Mr. Tejasvi Sharma,

Additional Advocate General with Ms. Avni Kochhar, Deputy Advocate General.

Mr. Vikram Thakur, Advocate for the complainant.

SI Neelam Kumari, I.O. Police Station Nalagarh, is present in

person along with record.

Virender Singh, Judge (oral).

The above titled applications are being disposed of,

by this common order, as the applicants have filed these

applications under Section 438 of the Code of Criminal

Procedure (hereinafter referred to as 'CrPC'), in case FIR

Whether Reporters of local papers may be allowed to see the judgment? Yes.

No.178 of 2023, dated 21st June, 2023, registered with Police

Station, Nalagarh, District Solan, H.P., under Sections 452,

147, 148, 149, 323 and 307 of the Indian Penal Code

(hereinafter referred to as the 'IPC') read with Section 25 of

the Arms Act.

2. By way of these applications, the applicants have

sought the indulgence of this Court to direct the

Police/Investigating Officer to release them on bail, in the

event of their arrest, in the abovementioned FIR.

3. According to the applicants, they are innocent and

have falsely been implicated, in the present case. They are

permanent residents of the address, as mentioned in the

applications and having deep roots in the society. In the

applications, certain undertakings have been given, on behalf

of the applicants, for which, they are ready to abide by, in case,

any direction is issued to the Police/Investigating Officer.

4. On the basis of the above factual position, the

applicants have sought the relief, as claimed, by them, in the

applications.

5. When put to notice, the police has filed the status

report, disclosing therein that on 21.6.2023, complainant

Vikrant Chandel, has got recorded his statement under

Section 154 CrPC to the effect that he is resident of village

Seri and working with Narender Luka, liquor contractor,

Nalagarh. On 20.6.2023, he along with Maninder Pal Singh,

Mandeep and Satnam Singh were having their dinner while

sitting in liquor vend L14 at Kirpalpur. At that time,

salesman of the liquor vend, namely Kuldeep came inside and

apprised them that number of persons having the swords,

sticks and cogwheels (graris) in their hands were standing

outside the liquor vend. When the said salesman was

apprising these facts to the complainant, meanwhile 1520

people came inside, having swords, dandas and cogwheels

(Graris) and started beating all the four persons present there.

Some of them had thrown away the bottles of liquor upon the

complainant and his companions.

5.1. Nand Lal has inflicted the injuries with the help of

cogwheel (Grari), whereas, the person described as

Jatkhanpuri, had inflicted the injuries to Manjot with the help

of Darat (big sickle). Harjot, Jitender @ Jindu had inflicted

the injuries to the complainant with the help of sword. Satnam

@ Deepu, Maninder Pal and Mandeep also sustained injuries.

5.2. The complainant also sustained injury on his

cheek with bottles. When they were beating the complainant

and his companions, accused Vicky had taken out a black

coloured pistol from inside the trousers worn by him and

uttered the words "Thok Dawan", however, the person

standing with him, had snatched the pistol from Vicky. All the

persons have beaten them for about 15 minutes. Thereafter,

they left the spot along with the weapons.

5.3. On this information, the police reached there and

complainant were then taken to CHC Nalagarh for treatment.

Describing the injuries sustained by them, he has prayed that

the above persons, who are stated to be the companions of

Vicky, had attacked them with the intention to kill them.

Consequently, he has prayed that action be taken against

them.

6. On the basis of the above facts, the FIR, in

question, has been registered with the Police Station,

Nalagarh, District Solan and the police swung into motion.

7. The injured was then taken to CHC, Nalagarh. On

20.6.2023, the I.O. visited the spot and prepared the spot map

and collected the physical evidence from the spot. Maninder

Pal had also produced the blood stained Tshirt and trousers.

8. It is the further case of the Police that in

pursuance of the directions of this Court, the applicants have

joined the investigation. Initially, they have disclosed to the

police that, at the time of incident, they were not having any

weapon, as alleged by the complainant. However, they have

admitted that after entering into the liquor vend, they had

inflicted injuries with the broken bottles to the complainant.

One of the accused namely Ashraf Ali @ Vicky was arrested on

26.6.2023.

9. Xrays and CT Scan of the complainant and his

companions was conducted at Regional Hospital Solan. The

Police has also stated about the following criminal history of

the applicant Rajinder Singh @ Jindu:

i) FIR No.93/21, dated 27.3.2021, under Sections 147,148,149, 323, 506, 427, 324, 325 IPC, registered with Police Station Nalagarh;

ii) Fir No.59/17, dated 2.6.2017, under Section 302, 34 IPC, registered with Police Station Kiratpur Sahib, Punjab.

iii) FIR No.148/13, dated 21.7.2013, under Sections 341, 332, 353, 506, 34 IPC, registered with Police Station, Nalagarh.

iv) FIR No.161/21, dated 15.6.2021, under Sections 147, 148, 149, 307, 336, 34 IPC.

10. Similarly, the police has also stated about the

following criminal history of applicant Jasvinder Singh @

Jatt:

i) FIR No.130/21, dated 10.5.2021, under Sections 147, 148, 149, 323, 506, 325 IPC, registered with

Police Station, Nalagarh;

11. Police has also stated about the following criminal

history of applicant Nand Lal @ Nandu:

i) FIR No.152/18, dated 8.6.2018, under Sections 353, 332, 34 IPC, registered with Police Station, Nalagarh;

ii) FIR No. 37/18, dated 15.4.2018, under Sections 147, 148, 149, 323, 324, 427 IPC, registered with Police Station Kot Kehloor, District Bilaspur.

12. Police has also stated about the following criminal

history of applicant Akshay Kumar @ Chinna:

i) FIR No.271/19, dated 17.9.2019, under Sections 341, 504, 506, 34 IPC, registered with Police Station, Nalagarh;

ii) FIR No.52/19, dated 16.2.2019, under Sections 39(1)(a) HP Ex. Act, registered with Police Station, Nalagarh;

iii) FIR No.216/16, dated 24.10.2016, under Sections 324 IPC, registered with Police Station, Nalagarh;

iv) FIR No.62/17, dated 11.2.2017, under Sections 147, 148, 149, 323 IPC, registered with Police Station,

Nalagarh;

v) FIR No.232/20, dated 24.7.2020, under Sections

39(1)(a) HP Ex. Act, registered with Police Station, Nalagarh;

vi) FIR No.68/21, dated 2.3.2021, under Sections 39(1)

(a) HP Ex. Act, registered with Police Station,

Nalagarh;

13. Police has also stated about the following criminal

history of accused Manjot Singh @ Harjot:

i) FIR No.339/21, dated 1.11.2021, under Sections 341, 323, 34 IPC, registered with Police Station, Nalagarh.

14. It is the further case of the Police that the weapon

of offence allegedly used by the accused, as well as, vehicle

used by accused Akshay Kumar @ Chinu was taken into

possession. It is the further case of the police that during the

investigation, it was found that accused Ashraf Ali @ Vicky

was not having any pistol.

15. On the basis of the above facts, it has been prayed

that in case, the interim order is made absolute, the applicants

may coerce the witnesses.

16. On the basis of the above facts, a prayer has been

made to dismiss the applications.

17. Mr. Vikram Thakur, learned counsel appearing for

the complainant has also supported the arguments of the

learned Additional Advocate General, by arguing that

considering the criminal history of the applicants, they do not

deserve any relief under Section 438 CrPC.

18. On the basis of the above facts, as well as, on the

basis of the apprehensions, Mr. Tejasvi Sharma, learned

Additional Advocate General has prayed for the dismissal of

the application.

19. Heard.

20. First of all, coming to the criminal history, which

has been mentioned in the status report regarding applicant

Rajinder Singh @ Jindu, applicant Jasvinder Singh @ Jatt,

applicant Nand Lal @ Nandu and applicant Akshay Kumar @

Chinna and accused Manjot Singh @ Harjot, is concerned, it is

not the case of the police that the conviction has been awarded

by any competent Court of law, in the trial of the above

mentioned case. Mere registration of the cases does not take

away the presumption of innocence, which is still available to

the applicants.

21. Investigation, in the present case, is almost

complete. Recovery has already been effected. Despite

submitting the factual position regarding the criminal history

of the applicants, the police is not able to make out a case for

custodial interrogation of the applicants.

22. At the time of deciding the bail application, this

Court should refrain from commenting upon the evidence, so

collected during the investigation of the case, as it would cause

prejudice to the case of the prosecution or to the case of the

accused.

23. The bail application cannot be rejected as a matter

of punishment, as pretrial punishment is prohibited

under the law. Punishment can only be imposed, after the

full fledged trial.

24. The applicants are the local residents of Tehsil

Nalagarh and there is no apprehension that, in case, interim

order is made absolute, they may not be available for the trial.

25. So far as the apprehension, qua coercing of the

witnesses by the applicants, in case the interim order is

ordered to be made absolute is concerned, the movement of the

applicants can be restricted by imposing suitable conditions.

26. Considering the factual position, as mentioned in

the status report, this Court is of the view that the Police is

not able to make out a case against the applicants for custodial

interrogation. As such, the interim orders dated 23rd June,

2023, passed in Cr.MP(M) Nos.1551 to 1554 of 2023 and 26 th

June, 2023, passed in CrMP(M) No.1601 of 2023, by this Court

are hereby made absolute. Therefore, it is ordered that the

applicants be released on bail, in the event of their arrest, in

case FIR No.178 of 2023, dated 21st June, 2023, registered with

Police Station, Nalagarh, District Solan, H.P., under Sections

452, 147, 148, 149, 323, 307 IPC read with Section 25 of the

Arms Act, on their furnishing personal bail bonds, in the sum

of ₹50,000/, each with one surety each of the like amount, to

the satisfaction of the Investigating Officer. This order,

however, shall be subject to the following conditions:

a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating

Officer, in accordance with law;

b) The applicants will not leave India, without prior permission of the Court;

c) That the applicants 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 the Court; and

d) That the applicants shall 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.