Himachal Pradesh High Court
Rajeev Kumar vs State Of Himachal Pradesh on 7 May, 2024
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
Cr. MP(M) No.667 of 2024 a/w
Cr.MP(M) No.668 of 2024 and
Cr.MP(M) No.684 of 2024
Date of Decision : 07.05.2024
Cr. MP(M) No.667 of 2024
Rajeev Kumar ...... Petitioner
Versus
State of Himachal Pradesh ......Respondent
Cr.MP(M) No.668 of 2024
Abhishek Singh ...... Petitioner
Versus
State of Himachal Pradesh ......Respondent
Cr.MP(M) No.684 of 2024
Abhishek Rana ...... Petitioner
Versus
State of Himachal Pradesh ......Respondent
_________________________________________________________
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
In Cr. MP(M) No. 667 & 668 of 2024
For the petitioner : Mr. Karan Kapoor, Advocate.
For the respondent : Mr. B.N. Sharma, Additional Advocate General.
In Cr. MP(M) No. 684 of 2024
For the petitioner : Mr. Vishal Singh, Advocate.
For the respondent : Mr. B.N. Sharma, Additional Advocate General.
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Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 07/05/2024 20:35:31 :::CIS
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Bipin Chander Negi, Judge (oral)
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These three bail petitions filed under Section 439 of the Code of
Criminal Procedure for grant of regular bail, arise out of common FIR
No.13/2024 dated 31.01.2024, registered at Police Station Fatehpur, District
Kangra, H.P., under Sections 323, 341, 504, 506 and 32 of the Indian Penal
Code, 1807.
2. Status report perused.
3. I have heard learned counsel for the parties.
4. FIR in the case at hand is dated 31.01.2024. The occurrence
took place on 30.01.2024. The complainant in the case at hand is one
Narender Singh. The complainant in his statement recorded under Section
154 of Code of Criminal Procedure, has stated that near Village Manjhar, he
and his brother-Sanjay Kumar own about 25 kilas of land, wherein they have
sown wheat. On 30.01.2024 at about 9:30 p.m., complainant and his brother
went to the aforesaid fields to inspect the crop therein.
5. On reaching the spot, the complainant and his brother noticed
that 4-5 boys were in an inebriated state and were hurling abuses.
Complainant and his brother approached the boys, who were creating ruckus,
as to why they were hurling abuses. Out of the aforesaid 4-5 boys,
complainant and his brother recognized one Bantu and one Aman, who were
residents of Village Patta. On being asked, as to why they were hurling
abuses, accused-Bantu pushed Sanjay who fell down. Sanjay tried to get up
in order to save himself. Bantu stopped the passage of Sanjay and inflicted
injuries on the head of Sanjay with a sickle. Aman also hit Sanjay with a stick.
.
Sanjay had fallen on the ground.
6. Complainant with great difficulty saved himself and his brother
from the clutches of unruly accused persons. In the whole process, the boys
accompanying Bantu and Aman had also hit the complainant and his brother
with fist blows and sticks.
7. Other than the aforesaid, accused persons also threatened the
complainant and his brother with dire consequences while leaving the place of
occurrence.
8. In the aforesaid facts and attending circumstances of the case,
the complainant did not suffer any major injury, hence, no medical was got
done of the complainant. The brother of the complainant i.e. Sanjay was
referred to Civil Hospital, Nurpur and subsequent thereto for further treatment,
he was referred to a Hospital at Pathankot (Arogaya Hospital, Pathankot).
9. The accused had surrendered on 07.02.2024. Recoveries were
effected from the accused persons. Investigation in the case at hand is
complete and Challan stands presented before the learned Trial Court on
10.04.2024. The present petitioners/accused persons have been lodged in
judicial custody since 07.02.2024.
10. 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.
11. 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,
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namely the charge, the nature of evidence by which it is supported and the
punishment to which the party would be liable, if convicted. In the case at
hand, sickle injury in the head is alleged to have been caused by Bantu.
Aman, though, named in the initial FIR is conspicuous by absence in further
proceedings despite the fact that he was identified by the complainant. 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
petitioners. The investigation, in the case at hand, is complete. No further
recoveries are to be affected from the petitioners. The petitioners have
already spent three months in custody.
12. 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.
13. 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.
14. The petitioners are stated to be young men i.e. Abhishek Rana
and Abhishek Singh are 22 years of age, and Rajeev Kumar is 30 years of
age. Nothing unfavourable has been stated in the status report qua the social
circumstances of the petitioners, whereby it can be made out that the
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petitioners are likely to betray the confidence that the Court may place in them
to turn out to take justice at the hands of the Court. Enlargement on bail of the
bail petitioners would not result in any reprisal, whereby their own safety would
be at stake.
15. In the case at hand, petitioners are in custody since 07.02.2024.
Trial is going to take time before its conclusion. The charges against the
petitioners are yet to be proved. Further, detention of the petitioners in judicial
custody will not serve any fruitful purpose, rather may prove pre- judicial to the
rights of the petitioners, who are in early career building years of life.
16. Petitioners are permanent residents of Village Patta Jatian, PO
Jakhara, Tehsil Fatehpur, District Kangra, H.P. The respondent-State has not
expressed any apprehension regarding their fleeing from the course of justice
and adversely affecting the trial. In any case, the petitioners can be put to
terms for the purposes of safe, secure and unobstructed completion of trial.
17. 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 petitioners on bail is
required to be exercised in their favour. Accordingly, the bail applications are
allowed and it is ordered that the petitioners, who have been arrested by the
police, in case FIR No. 13/24, dated 31.01.2024, registered at Police Station,
Fatehpur, District Kangra, H.P., under Sections 307, 325, 341, 323 504, 506 and
34 of the Indian Penal Code, shall be forthwith released on bail, subject to their
furnishing personal bonds to the tune of Rs. 50,000/- (Rupees fifty thousand)
each with one local surety each of district Kangra in the like amount, to the
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satisfaction of learned Trial Court. This bail order is subject, however, to the
following conditions:-
(i) that the petitioners will appear before the Court and the
Investigating Officer whenever required ;
(ii) that they 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 they will not tamper with the prosecution evidence nor they
will try to win over the Prosecution witnesses or terrorise them
in any manner;
(iv) that they will not deliberately and intentionally act in a manner
which may tend to delay the investigation or the trial of the
case;
(v) that they will not leave India without prior permission of the
Court; &
(vi) Petitioners shall inform the Station House Officer of the
concerned police station about their place of residence during
bail and trial. Any change in the same shall also be
communicated within two weeks thereafter. Petitioners shall
furnish details of their Aadhar Cards, Telephone Numbers,
Emails, PAN Cards, Bank Accounts Numbers, if any.
18. 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 petitioners.
19. 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.
20. The Registry is directed to forward a soft copy of the bail order to
the Superintendent, District Jail Dharamshala, H.P., through e-mail, with a
direction to enter the date of grant of bail in the e-prison software.
21. In case, the petitioners are not released within a period of seven
days from the date of grant of bail, the Superintendent, District Jail Dharamshala,
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H.P., is directed to inform this fact to the Secretary, DLSA, Kangra at
Dharamshala. The Superintendent, District Jail, Dharamshala, H.P., is further
directed that if the petitioners fail 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.
22. The petitions stand accordingly disposed of. A copy of this order be
sent to the Superintendent, District Jail, Dharamshala and the learned trial Court
by FASTER.
23. A downloaded copy of this order shall be accepted by the learned
Trial Court while accepting the bail bonds from the petitioners 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)
May 07, 2024 (KS) Judge
