Himachal Pradesh High Court

Decided On: 17.09.2024 vs State Of H.P on 17 September, 2024

                                                                           2024:HHC:8689


      IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                              Cr.MP(M) No. 1863 of 2024
                                 Decided on: 17.09.2024
____________________________________________________
Mohd. Anish                           ........... petitioner
                       Versus

State of H.P.                            ..............respondent
____________________________________________________
Coram:
Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting? 1

For the petitioner                     :      Mr. J.L. Bhardwaj, Sr. Advocate
                                              with  Mr.   Sanjay    Bhardwaj,
                                              Advocate
For the respondent                     :      Mr.  Gautam     Sood,                 Deputy
                                              Advocate General.

                                       :
                            S.I. Ram Gopal, Police Station
                            Nalagarh present in person.
____________________________________________________
Bipin Chander Negi, Judge (oral)

The present bail petition has been filed under Section

483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant

of regular bail. The same arises out of FIR No.66 of 2024, dated

19.03.2024, registered at Police Station, Nalagarh, Police District

Baddi, H.P., under Sections 147, 148, 149, 307, 323, 326, 427,

506, 201 and 102-B of the Indian Penal Code and Sections 25-

54-59 of the Indian Arms Act.

2. Heard counsel for the parties, perused pleadings and

status report.

Whether the reporters of the local papers may be allowed to see the judgment?

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3. The episode, in the case at hand, had occurred at

about 8:15 p.m. near Khera Baba Temple on 18.03.2024.

Information in this respect was lodged by one Ajaib Singh. On the

said date, i.e., 18.03.2024, Ajaib Singh, informant had gone to

Mehsa Tibba along with other villagers 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 informant, were armed with

sticks and Kirpans and were hurling threats, abuses and were

beating some persons over there. According to the informant,

post meeting out threats and causing injury to some individuals,

the bail petitioner and others had left the said place.

4. From perusal of the record, it is evident that the

identification done by informant-Ajaib Singh and the injured is on

the basis of names revealed to them by other villagers. The

petitioner had surrendered on 05.04.2024. 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.

5. 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.

6. In coming to the determination that whether the

party, if admitted to bail, would appear to take trial, three

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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 recovery is to be

affected from the petitioner. The petitioner has already spent

approximately five months in custody.

7. 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.

8. 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.

9. 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.

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10. In the case at hand, petitioner is in custody since

05.04.2024. 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 prejudicial to the rights of the

petitioner.

11. 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.

12. 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

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, 307, 326, 323, 427, 506, 201 of the

Indian Penal Code and Sections 25-54-59 of the Indian Arms Act,

shall be forthwith released on bail, subject to their furnishing

personal bond to the tune of Rs. 50,000/- (Rupees fifty thousand)

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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) Petitioner shall 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;

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever;

(iii) Petitioner will not leave India without prior permission of the Court;

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). 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 Numbers, Email, PAN Card, Bank Account Number, if any; &

(vi). It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

13. 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 are violated by the petitioner.

14. 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.

15. The Registry is directed to forward a soft copy of the

bail order to the Superintendent, Model Central Jail, Kanda,

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District Shimla, H.P., through email, with a direction to enter the

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

16. 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 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.

17. The petition stand 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.

18. 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) Judge September 17, 2024 tarun

DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL

VANDNA PRADESH SHIMLA, Phone=d3b84f3143a60e693f007f9c5e0fe8815 2279f1d9f450a0255823cfc38862034, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=3a417623218f5838c6af79d

SHARMA e7dc1906f731266758b23a4f74fad98f0022165 e3, CN=VANDNA SHARMA Reason: I have reviewed this document Location: