Research › Search › Judgment

Himachal Pradesh High Court · body

2013 DIGILAW 246 (HP)

ASHWANI KUMAR v. STATE OF HIMACHAL PRADESH

2013-04-05

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. - 1. INSPECTOR Om Chand, Police Station, Bhoranj, Distt. Hamirpur, is present along with record. Record perused and returned. Status report taken on record. 2. F .I.R. No. 45 of 2012, was registered at Police Station, Bhoranj, Distt. Hamirpur, H.P. on 17.3.2013, under the provisions of Section 3(1) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also under Sections 427, 506 and 504 of the Indian Penal Code. Apprehending arrest, petitioner approached this Court, seeking bail under the provisions of Section 439 of the code of Criminal Procedure. On 25.3.2013 this Court passed an interim order, directing the petitioner to furnish a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Addl. Registrar (Judicial) of this Court, subject to his complying with the conditions imposed therein. The said interim order is in operation till date. During investigation police has come to the conclusion that no case under the provisions of Section 3(1) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out against the petitioner. However, matter with regard to the provisions under the Indian Penal Code is under investigation. Learned counsel for the petitioner submits that the complainant has in fact given an affidavit to the police to the effect that he wants to withdraw the complaint. 3. IT is not in dispute that pursuant to order dated 25.3.2013, petitioner has joined the investigation. It is also stated at the Bar that petitioner is not required for any further investigation and that after proper investigation police shall take appropriate action in accordance with law. 4. HAVING perused the status report as also heard the learned counsel for the parties I am of the considered view that prima facie the petitioner has made out a case for grant of bail. His custodial interrogation is not required at all. This Court has taken into account the nature of accusation, the severity of punishment in case of conviction and the material so far collected by the prosecution during investigation. I am of the considered view that there is no apprehension made out by the State that in the event of the petitioner being enlarged on bail, he would tamper with the witnesses or extend any threats to the complainant. I am of the considered view that there is no apprehension made out by the State that in the event of the petitioner being enlarged on bail, he would tamper with the witnesses or extend any threats to the complainant. There is no probability of the petitioner abusing his liberty nor would he interfere or in any manner impede with the course of justice. Petitioner is also not likely to flee from justice. He, through his learned counsel, undertakes to make himself available during the course of investigation, if required, as also during trial, if any. 5. HAVING taken into consideration the overall attending circumstances, the petitioner has been able to show that there is reason to believe that the threat of arrest is imminent. 6. FOR all the aforesaid reasons, the interim order dated 25.3.2013 is made absolute. The petitioner shall be on bail till such time challan is presented in the Court for trial where after he shall approach the Court for regular bail, in accordance with law. Needless to add, during this period petitioner shall fully comply with all the statutory conditions. As a matter of abundant caution, it is clarified that petitioner shall neither tamper with the evidence nor try to influence the witnesses. He shall make himself available for investigation as and when required by the investigating officer. He shall not leave the country without the prior permission of the Court. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. With the aforesaid observations, present petition stands disposed of.