Himachal Pradesh High Court
Date Of Decision : 05.08.2024 vs State Of Himachal Pradesh on 5 August, 2024
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No.1088 of 2024
Date of Decision : 05.08.2024
Sahil ...... Petitioner
Versus
State of Himachal Pradesh ......Respondent
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
For the petitioner : Mr. Kuldeep Singh Chandel and Mr. Kamaljeet
Sharma, Advocates.
For the respondent : Mr. Raj Kumar Negi, Additional Advocate General.
ASI Ranjit Singh, I/O, Police Station, Nalagarh, Police
District Baddi, is present alongwith record.
Bipin Chander Negi, Judge (oral)
The present bail petition has been filed under Section 439 of the
Code of Criminal Procedure for grant of regular bail, arises out of FIR No.66 of
2024, dated 19.03.2024, registered at Police Station, Nalagarh, Police District
Whether reporters of Local Papers may be allowed to see the judgment? Yes
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Baddi, H.P., under Sections 147, 148, 149, 326, 307, 326, 323, 427, 506, 201
of the Indian Penal Code, 1807 and Sections 25-54-59 of the Indian Arms Act.
2. I have heard learned counsel for the parties. Perused the record
and the status report.
3. During investigation it transpired that one Jaswinder, son of Shri
Gurmukh Singh, Resident of Mehsa Tibba Majholi, was studying in +2 at Majholi
School. In the said school, a girl named Jashanpreet, daughter of one Biittu, was
also studying. Between Jaswinder and Jashanpreet at School some talk had
taken place. On account of the said talk inter se the aforesaid two individuals,
one Irfan son of Nizamdeen had been threatening Jaswinder Singh. In
connection with the threats so advanced by Irfan, son of Nizamdeen, on
18.03.2024, Lakhvindder Singh @ Lakha, Nizamdeen, bail petitioner and one
Roopa, resident of Maganpura, had met at a place near Khera Mandir Mehsa
Tibba to amicably sort out the differences. Talks inter se parties were
inconclusive as at the said talks, Nizamdeen is alleged to have abused the other
side. In the aforesaid backdrop, Lakha had threatened the other side.
4. The episode, in the case at hand, had occurred at about 8:15 p.m.
near Khera Baba Temple on 18.03.2024. Complaint in this respect was lodged
by one Ajaib Singh. On the said date, i.e., 18.03.2024, Ajaib Singh, complainant
had gone to Mehsa Tibba along with other villager on account of death of his
aunt. In the said night, at about 8:15 p.m., Ajaib Singh had noticed certain
people standing near Khera Baba Temple. The said individuals, according to the
complainant, were armed with sticks and Kirpans and were hurling threats,
abuses and were beating some persons over there. According to the
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complainant, post meeting out threats and causing injury to some individuals, the
bail petitioner and others had left the said place.
5. From perusal of the record, it is evident that the identification done
by complainant- Ajaib Singh and the injured is on the basis of names revealed to
them by other villagers. The petitioner had surrendered on 30.03.2024. As on
date, he is in judicial custody. Challan in the case at hand, stands filed on
20.06.2024. Investigation is complete. No further recoveries are to be effected
from the bail petitioner.
6. The object of bail is to secure the attendance of the accused
person at his trial by reasonable amount of bail. The object of bail is neither
punitive nor preventative.
7. In coming to the determination that whether the party, if admitted
to bail, would appear to take trial, three elements need to be kept in mind,
namely the charge, the nature of evidence by which it is supported and the
punishment to which the party would be liable, if convicted. At the time of
deciding a bail application, a detailed discussion of evidence, so collected and
produced by the prosecution is to be avoided as it may cause prejudice either
to the case of the prosecution or to the case of the bail petitioner. As already
stated supra, the investigation, in the case at hand, is complete. No further
recoveries are to be affected from the petitioner. The petitioner has already
spent four months in custody.
8. Personal liberty is a very precious fundamental right. The same is
to be curtailed only when it becomes imperative, according to the peculiar
facts and circumstances of each case.
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9. Punishment begins after conviction. Every man is deemed to be
innocent until duly tried and duly found guilty. The consequences of pre- trial
incarceration are grave. A person presumed innocent is subjected to
psychological and physical deprivations of jail. Further, a jailed individual is
prevented from contributing to the preparation of his defence.
10. Nothing unfavourable has been stated in the status report qua
the social circumstances of the petitioner, whereby it can be made out that the
petitioner is likely to betray the confidence that the Court may place in him to
turn out to take justice at the hands of the Court.
11. In the case at hand, petitioners are in custody since 30.03.2024.
Trial is going to take time before its conclusion. The charges against the
petitioner is yet to be proved. Further, detention of the petitioner in judicial
custody will not serve any fruitful purpose, rather may prove pre- judicial to the
rights of the petitioner.
12. Petitioner is permanent resident of Village and Post Office,
Manjholi, Tehsil Nalagarh, District Solan, H.P. The respondent-State has not
expressed any apprehension regarding his fleeing from the course of justice
and adversely affecting the trial. In any case, the petitioner can be put to terms
for the purposes of safe, secure and unobstructed completion of trial.
13. Hence, after going through the material available on record and
considering the overall facts and circumstances of the case, this Court finds that
the present is a fit case where judicial discretion to admit the petitioner on bail is
required to be exercised in his favour. Accordingly, the bail application is allowed
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and it is ordered that the petitioner, who has been arrested by the police, in case
FIR No.66 of 2024, dated 19.03.2024, registered at Police Station, Nalagarh,
Police District Baddi, H.P., under Sections 147, 148, 149, 326, 307, 326, 323,
427, 506, 201 of the Indian Penal Code, 1807 and Sections 25-54-59 of the
Indian Arms Act, shall be forthwith released on bail, subject to his furnishing
personal bond to the tune of Rs. 50,000/- (Rupees fifty thousand) with one surety
in the like amount, to the satisfaction of learned Trial Court. This bail order is
subject, however, to the following conditions:-
(i) that the petitioner will appear before the Court and the
Investigating Officer whenever required ;
(ii) that he 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 any facts to the
Court or the police;
(iii) that he will not tamper with the prosecution evidence nor he will
try to win over the Prosecution witnesses or terrorise them in
any manner;
(iv) that he will not deliberately and intentionally act in a manner
which may tend to delay the investigation or the trial of the
case;
(v) that he will not leave India without prior permission of the
Court; &
(vi) Petitioner shall inform the Station House Officer of the
concerned police station about his place of residence during
bail and trial. Any change in the same shall also be
communicated within two weeks thereafter. Petitioner shall
furnish details of his Aadhar Card, Telephone Number, Email,
PAN Card, Bank Account Number, if any.
14. Needless to say that the Investigating agency shall be at liberty to
move this Court for cancellation of the bail, if any of the aforesaid conditions is
violated by the petitioner.
15. Be it stated that any expression of opinion given in this order does
not mean an expression of opinion on the merits of the case and the trial Court
will not be influenced by any observations made therein.
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16. The Registry is directed to forward a soft copy of the bail order to
the Superintendent, Model Central Jail, Kanda, District Shimla, H.P., through e-
mail, with a direction to enter the date of grant of bail in the e-prison software.
17. In case, the petitioner is not released within a period of seven days
from the date of grant of bail, the Superintendent, Model Central Jail, Kanda,
District Shimla, H.P., is directed to inform this fact to the Secretary, DLSA,
Kussumpati. The Superintendent, Model Central Jail, Kanda, District Shimla,
H.P., is further directed that if the petitioner fails to furnish the bail bonds, as per
the order passed by this Court, within a period of one month from today, the said
fact be submitted to this Court.
18. The petition stands accordingly disposed of. A copy of this order be
sent to the Superintendent, Model Central Jail, Kanda, District Shimla, H.P. and
the learned trial Court by FASTER.
19. A downloaded copy of this order shall be accepted by the learned
Trial Court while accepting the bail bonds from the petitioner and in case, said
Court intends to ascertain the veracity of the downloaded copy of the order
presented to it, same may be ascertained from the official website of this Court.
( Bipin Chander Negi)
August 5th, 2024 (KS) Judge
DN: C=IN, O=HIGH COURT OF HIMACHAL
VANDNA HIMACHAL PRADESH SHIMLA,
Phone=d3b84f3143a60e693f007f9c5e0fe881
52279f1d9f450a0255823cfc38862034,
PostalCode=171001, S=Himachal Pradesh,
SERIALNUMBER=3a417623218f5838c6af79
SHARMA de7dc1906f731266758b23a4f74fad98f002216
5e3, CN=VANDNA SHARMA
Reason: I have reviewed this document
Location:
Date: 2024-08-05 18:12:35
