Satish Kumar vs State Of H.P
2023 Latest Caselaw 5740 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. 1030 of 2023

.

                              Decided on : 12th May, 2023





Satish Kumar                                                  ...Petitioner.





                              Versus

State of H.P.                                               ...Respondent
Coram:




Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1

For the petitioner      :     Mr. Janesh Gupta, Advocate.

For the respondent :          Ms. Sharmila Patial, Addl. A.G. with Mr.
                              Arsh Rattan and Ms. Ayushi Negi, Deputy
                              Advocate General.


Virender Singh (oral).

Applicant Satish Kumar has filed the present application under

Section 439 of the Code of Criminal Procedure (hereinafter referred to as

'Cr.P.C'). for releasing him on bail, in case FIR No. 187/2022, dated

3.11.2022, registered under Sections 307, 326, 451, 341, 323, 504 and 506

of Indian Penal Code (hereinafter referred to as "the IPC"), registered with

Police Station Dharamshala, District Kangra, H.P.

2. The applicant has asserted in the bail application that he has falsely

been implicated, in this case, at the instance of the complainant, as, he is

innocent person and has nothing to do with the alleged offences, for which,

he has been arrested by the police.

Whether reporters of Local Papers may be allowed to see the judgment?

3. According to the applicant, he is in judicial custody and

investigation, in the present case, is almost complete, as such, it has been

.

alleged that the applicant is no longer required by the police, for the

purpose of investigation. It has also been argued on behalf of the applicant

that the offence under Section 307 is not made out in this case.

4. The applicant, as per the averments made in the application, has

already tried his luck by moving two applications under Section 439 Cr.PC,

which have been dismissed by learned Sessions Judge, Kangra at

Dharamshala, H.P vide orders dated 13.12.2022 and 27.1.2023.

5. Apart from this, the applicant, through his counsel Mr. Janesh

Gupta, Advocate, has also given certain undertakings, for which, he is

ready to abide by, in case, he is released on bail.

6. When put on notice, the police has filed the status report disclosing

therein that on 2.11.2022, SI Narayan Singh received an information

regarding admission of complainant Ram Pal, in injured condition, in Zonal

Hospital, Dharamshala. As per the information, after the first aid, he was

referred for further treatment to Dr.RPGMC, Tanda, upon which, HC

Rajender Kumar alongwith other police official, reached at Dr.PRGMC,

Tanda, where, the injured was found to be admitted in Emergency ward,

who got recorded his statement under Section 154 Cr.PC, disclosing

therein, that he is a mason by profession and is working, as such, for the

last 15-16 years. The complainant is stated to be residing in rented

accommodation of one Subhash Chand, R/o Sidhbari.

7. It is further case of the police that on 2.11.2022 at about 7.00 p.m.,

when the complainant was returning back to his residence, the applicant,

who is son of his landlord, met him near his quarter and on restraining his

path, asked him as to why he is not vacating the quarter and also threatened

.

him. Thereafter, the accused (applicant) became furious and started

manhandling him. Thereafter, the accused (applicant) had gone to his

kitchen and came with a knife and with the help of knife, he has stabbed

the complainant. The accused (applicant) also threatened him with the dire

consequences, in case, he will not vacate the quarter.

8. On the basis of above statement, police registered the FIR

under Sections 341, 323, 504 and 506, IPC and thereafter, criminal

machinery swung into motion.

9. It is further case of the police that after obtaining the opinion

of the Doctor, Sections 307 and 326, IPC have been added in this case.

10. After the completion of the investigation, the police has

filed charge-sheet in the competent Court of law and the same is now stated

to be pending in the court of learned JMIC-II, Dharamshala.

11. Apart from this, the police has also given the following

details of the cases, which have been registered against the applicant:

1. FIR No.132/09 under Sections 341, 323, 34, IPC registered at Police Station, Dharamshala

2. FIR No.110/10 under Sections 279, 304A IPC registered at Police Station, Dharamshala

3. FIR No.179/01 under Section 279, 337, 304A, IPC & 184, MV Act registered at Police Station, Dharamshala.

4. FIR No.48/14 under Section 279, 337 IPC & 187 MV Act registered at Police Station, Nurpur

5. FIR No.112/14 under Section 279, 337 IPC, P.S. Kangra.

12. On the basis of the above facts, it has been apprehended that in case

the applicant is released on bail, he may influence the witnesses and allure

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them not to depose against him. It has also been apprehended that in case,

the applicant is released on bail, he may again indulge in the same

activities.

13. On the basis of above facts, prayer has been made to dismiss the

bail application.

14. The accused is admittedly in judicial custody and this fact

demonstrates that his custodial interrogation is no longer required by the

I.O, in this case. Considering the pace of the trial, chance for its

completion in near future is not so bright. As such, the applicant is entitled

for the relief, as claimed in the present case.

15. The bail application cannot be rejected as a matter of punishment as

pre trial punishment is prohibited under the law.

16. So far as the apprehensions, as expressed by the police in the status

report are concerned, even those apprehensions are not sufficient to decline

the relief to the applicant, for which, he is otherwise entitled for, as for

those apprehensions, reasonable conditions can be imposed. At the time of

deciding the bail application, the Court should refrain from discussing the

evidence in detail, so collected by the Investigating Officer as it would

cause prejudice to the prosecution or to the accused.

17. No doubt, in one of the case, the accused has been convicted to

undergo simple imprisonment for a period of five days and to pay a fine of

Rs.500/- but from the said case, the presumption of innocence, which is

still available to the applicant, cannot be taken away.

18. Considering all these facts, the application is allowed and the

applicant is ordered to be released on bail in case FIR No. 187/2022, dated

.

3.11.2022, registered with Police Station, Dharamshala, under Sections

307, 326, 324, 341, 451, 33, 504 and 506 IPC, on his furnishing personal

bond in the sum of Rs.50,000/-, with one surety in the like amount, to the

satisfaction of learned JMFC/CJM, Kangra at Dharamshala/JMFC

stationed at Dharamshala. This order, however, shall be subject to the

following conditions:-

a) 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;

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

c) He 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) He shall not leave the territory of India without the prior

permission of the Court.

19. Any of the observations, made hereinabove, shall not be taken as an

expression of opinion, on the merits of the case, as these observations, are

confined, only, to the disposal of the present bail application.

20. 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

violated by the applicant.

21. The Registry is directed to forward a soft copy of the bail order to

the Superintendent of Jail, Dharamshala, through e-mail, with a direction to

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enter the date of grant of bail in the e-prison software.

22. In case, the applicant is not released within a period of seven days

from the date of grant of bail, the Superintendent of Jail, Dharamshala, is

directed to inform this fact to the Secretary, DLSA, Kangra at

Dharamshala. The Superintendent of Jail Dharamshala 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.

12th May, 2023                                     (Virender Singh)
    (mamta)                                            Judge