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2013 DIGILAW 538 (HP)

AMRIT RAM v. STATE OF H. P.

2013-06-14

DHARAM CHAND CHAUDHARY

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JUDGMENT DHARAM CHAND CHAUDHARY, J. 1. POLICE report has been filed. ASI Yudhvir Singh, Police Station, Barsar, District Hamirpur has also produced the record. 2. HEARD. The petitioners, who apprehend their arrest in connection with FIR No.61/13, registered against them under Sections 353, 332 IPC read with Section 34 IPC in Police Station, Barsar, District Hamirpur, have approached this Court by filing this petition for grant of anticipatory bail. The record reveals that no case has been registered against petitioner Amrit Ram. 3. AS regards, petitioner No.2 Vijay Kumar, allegations against him in a nut shell are that during the night intervening 19/20.5.2013, he had come along with his father and brother to pay obeisance to Baba Balak Nath at Deothsidh, and around 3.30/3.45 a.m. he allegedly broken the queue and when constable Hemant Kumar on duty at Gate No.3 objected to it and asked him to go back and stand at his place in the queue, he caught hold the complainant from his neck and scuffled with him and inflicted blows with bamboo stick of the flag he was carrying with him and in this process one side shoulder flap of the shirt of the complainant also got torn. The accused-petitioner, therefore, allegedly obstructed the complainant, a public servant, from discharging his duties. Accused-petitioner Vijay Kumar was associated by his brother Rajiv Kumar, who is also another accused in the FIR. Said Shri Rajiv Kumar, the co-accused of accused-petitioner Vijay Kumar, arrested in this case, has already been released on bail by learned JMIC, Barsar, District Hamirpur. 4. THE investigating agency, no doubt, has collected the evidence against the petitioner, which prima facie reveals that the accused-petitioner and his brother, who had come to pay obeisance to Baba Balak Nath, not only broken the queue but allegedly assaulted the complainant constable Hemant Kumar also. The fact, however, remains that the accused petitioner Vijay Kumar, who is a resident of village & P.O. Dharamshala Mahanta, Tehsil Amb, District Una is joining the investigation of the case regularly and there is no complaint in this behalf. His brother and co-accused Rajiv Kumar has already been released on bail. The investigation of the case is almost all complete. The present seems to be not a case where there is likelihood of the accused-petitioner to tamper with the prosecution evidence and hamper the investigation of the case. Being so, this application is allowed. His brother and co-accused Rajiv Kumar has already been released on bail. The investigation of the case is almost all complete. The present seems to be not a case where there is likelihood of the accused-petitioner to tamper with the prosecution evidence and hamper the investigation of the case. Being so, this application is allowed. It is ordered that in the event of arrest of the accused-petitioner Vijay Kumar in connection with FIR No.61/13, registered against him under Sections 353, 332 IPC read with Section 34 IPC, in Police Station, Barsar, District Hamirpur, he shall be released on bail, subject to his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the arresting police officer/I.O. He, however, is directed to join the investigation as and when required by the Investigating Officer. He shall also not tamper with the prosecution evidence and hamper the investigation of the case in any manner whatsoever. He is further directed not to leave the territory of India without prior permission of the Court. The application stands accordingly disposed of.