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Himachal Pradesh High Court · body

2014 DIGILAW 1872 (HP)

Mohit Kumar S/o Shri Dalip Singh v. State of H. P.

2014-12-11

P.S.RANA

body2014
JUDGMENT : P.S. RANA, J. 1. Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 51 of 2014 dated 12.6.2014 registered under Sections 307, 341, 323, 504 and 506 of Indian Penal Code at P.S. Talai District Bilaspur (HP). 2. It is pleaded that applicant is innocent and he did not commit any offence. It is pleaded that mother of applicant has given an affidavit that she was attacked by some unknown person in the dark and applicant tried to rescue his mother from the clutches of assailant. It is pleaded that applicant will abide by terms and conditions imposed by the Court. It is further pleaded that applicant undertakes that he would not tamper with prosecution evidence and will not threat the prosecution witnesses in any manner and will not hamper the case of prosecution if bail is granted. It is also pleaded that applicant also undertakes that he would appear before the Court as directed by the Court. Prayer for acceptance of bail application filed under Section 439 Cr.P.C. is sought. 3. Per contra police report filed. As per police report, FIR No. 51 of 2014 dated 12.6.2014 registered under Sections 307, 341, 323, 504 and 506 of Indian Penal Code in Police Station Talai District Bilaspur (H.P.) against the applicant. There is recital in police report that Shri Dalip Singh son of Chokas Ram is resident of village Majher Tehsil Jhandula District Bilaspur H.P. There is further recital in police report that Dalip Singh is agriculturist by profession and he has two sons and both are married. There is recital in police report that Mohit Kumar is elder son of Dalip Singh and he is posted in Forest Department at Sarkaghat Circle. There is recital in police report that Mohit Kumar used to come in residential house in intoxicated condition and used to abuse the entire family members and also used to quarrel. There is also recital in police report that on dated 11.6.2014 at 11 PM night Mohit Kumar accused came in intoxicated condition and started abusing his mother Sunita Devi and also used abusive language. There is further recital in police report that Dalip Singh and Sunita Devi requested the accused not to use abusive language. There is also recital in police report that on dated 11.6.2014 at 11 PM night Mohit Kumar accused came in intoxicated condition and started abusing his mother Sunita Devi and also used abusive language. There is further recital in police report that Dalip Singh and Sunita Devi requested the accused not to use abusive language. There is further recital in police report that thereafter accused dragged his mother outside from the room and inflicted injuries upon head, arms and other parts of his mother with sticks. There is recital in police report that when mother of accused tried to run away from the place of incident then accused obstructed his mother and beaten his mother with sticks. There is recital in police report that blood oozed out from the head of injured i.e. mother of accused and right arm of mother of accused got fractured due to injuries given by accused. There is further recital in police report that thereafter accused stood in the sehan and threatened that if any person uttered anything against the accused then he would kill him. There is recital in police report that medical examination of injured was conducted and MLC was obtained. There is also recital in police report that injured was referred to regional hospital Hamirpur and thereafter injured was referred to Medical College Tanda. There is further recital in police report that place of incident was inspected by Investigating Officer and site plan was prepared and photographs took. There is recital in police report that shirt, salwar, scarf and bra clotted with blood of injured took into possession and sealed in parcel. There is recital in police report that report of FSL sought and as per FSL report blood Group B was found upon the clothes of injured person and human blood was also found upon the sticks used in commission of criminal offence. There is also recital in police report that blood was also found upon the bangles of injured and it is also found that wife of accused is residing in her parental house along with her children. There is recital in police report that proceedings under Sections 107 and 151 of Code of Criminal Procedure are also initiated against the applicant. There is also recital in police report that blood was also found upon the bangles of injured and it is also found that wife of accused is residing in her parental house along with her children. There is recital in police report that proceedings under Sections 107 and 151 of Code of Criminal Procedure are also initiated against the applicant. There is also recital in police report that challan has been filed in the Court and if applicant is released on bail then applicant will induce and threat the prosecution witnesses. Prayer for rejection of bail application sought. 4. Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate General appearing on behalf of the State and also perused the record. 5. Following points arise for determination in this bail application:- 1. Whether the bail application filed under Section 439 Cr.P.C. is liable to be accepted as mentioned in memorandum of grounds of bail application? 2. Final Order. Findings on Point No.1 6. Submission of learned Advocate appearing on behalf of applicant that applicant is innocent and applicant did not commit any criminal offence cannot be decided at this stage. Same fact will be decided when the case shall be disposed of on merits after giving due opportunity to both the parties to lead evidence in support of their case. 7. Another submission of learned Advocate appearing on behalf of the applicant that investigation is complete in present case and challan has already been filed in the Court and any condition imposed by Court upon the applicant will be binding upon applicant and on this ground bail application filed under Section 439 Cr.P.C. be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. (i) Nature and seriousness of offence (ii) The character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration). Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. Trial of the case will be completed in due course of time. It was held in case reported in 2012 Cri. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration). Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. Trial of the case will be completed in due course of time. It was held in case reported in 2012 Cri. L.J. 702 Apex Court DB 702, titled Sanjay Chandra vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial. It was held that grant of bail is the rule and committal to jail is exceptional. It was held that refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution. It was further held that accused should not be kept in jail for an indefinite period. 8. It is well settled law that accused is presumed to be innocent till convicted by competent Court of law. In view of the fact that investigation has been completed in present case and in view of the fact that challan has been filed in present case and in view of the fact that trial will be concluded in due course of time it is held that it is not expedient in the ends of justice to keep the applicant in jail. Court is of the opinion that if applicant is released on bail at this stage then interest of State and general public will not be adversely affected in present case. 9. Submission of learned Additional Advocate General appearing on behalf of non-applicant that if bail is granted to applicant then applicant will induce, threat and influence the prosecution witnesses and on this ground bail application be declined is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that condition will be imposed in the bail order to the effect that applicant will not induce and threat the prosecution witnesses. Court is of the opinion that if applicant will flout the terms and conditions of bail order then non-applicant will be at liberty to file application for cancellation of bail strictly in accordance with law. 10. Court is of the opinion that if applicant will flout the terms and conditions of bail order then non-applicant will be at liberty to file application for cancellation of bail strictly in accordance with law. 10. Another submission of learned Additional Advocate General appearing on behalf of the non-applicant that if the applicant is released on bail then applicant will commit the similar offence and on this ground bail application be declined is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that condition will be imposed in the bail order that applicant will not commit the similar offence qua which he is accused. Court is of the opinion that if applicant will commit similar offence after grant of bail then prosecution will be at liberty to file application for cancellation of bail. In view of above stated facts, point No.1 is answered in affirmative. Point No.2 Final Order 11. In view of my findings on point No.1 bail application filed by applicant under Section 439 Cr.P.C. is allowed and applicant is ordered to be released on bail subject to furnishing personal bond to the tune of Rs. 1 lac with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That the applicant will attend the proceedings of learned trial Court regularly till conclusion of trial in accordance with law. (ii) That applicant 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 such facts to the Court or to any police officer. (iii) That the applicant will not leave India without the prior permission of the Court. (iv) That applicant will not commit similar offence qua which he is accused. (v) That applicant will give his residential address in written manner to the Investigating Officer and Court. (vi) That applicant will not beat his family members in intoxicated condition in the residential house. Applicant be released only if not required in any other criminal case. Bail application filed under Section 439 Cr.P.C. stands disposed of. Observations made in this order will not effect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973. Applicant be released only if not required in any other criminal case. Bail application filed under Section 439 Cr.P.C. stands disposed of. Observations made in this order will not effect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973. All pending application(s) if any also disposed of.