Dinesh Kumar S/o Sh. Ratti Ram Sharma v. State of H. P.
2014-12-24
P.S.RANA
body2014
DigiLaw.ai
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. 78 of 2014 dated 9.6.2014 registered under Sections 147, 148, 149, 323, 353, 332, 506, 427 and 307 of IPC registered with police of Police Station Theog, District Shimla, H.P. 2. It is pleaded that applicant is innocent and has been falsely implicated in the present case. It is further pleaded that investigation is complete and applicant is not required for any other purpose. It is further pleaded that nothing is to be recovered from the applicant and it is further pleaded that the applicant is ready and willing to join the investigation of the case and undertakes that applicant will not tamper with the prosecution witnesses in any manner. Prayer for acceptance of bail application is sought. 3. Per contra police report filed. There is recital in the police report that FIR No. 78 of 2014 dated 9.6.2014 was registered against the applicant under Sections 147, 148, 149, 323, 353, 332, 506, 427 and 307 of IPC registered with police of Police Station Theog District Shimla H.P. There is further recital in the police report that on 8.6.2014 at about 11.05 in the night a telephone received that one person is dealing in illegal business of wine. There is further recital in the police report that after receipt of information ASI Sunil Kumar along with HHC Madan Singh No. 1046 went to the place of incident and when they were standing in front of house of Sanjay Chauhan at 12.30 a.m. one Balwant Singh @ Danu along with 15/18 persons came at the spot. There is further recital in the police that Balwant Singh @ Danu and other 15/18 persons were having sticks in their hands and they attacked the complainant Sh. Brij Lal and also attacked Sandeep and Manohar Singh. There is further recital in the police report that when the police officials tried to rescue then accused persons also quarrel with ASI Sunil Kumar. There is further recital in police report that ASI Sunil Kumar also sustained incised injuries. There is further recital in the police report that accused also broken the mirror of motor vehicle No. HP 09B-0906. After registration of the FIR criminal was investigated. Site Plan was also prepared.
There is further recital in police report that ASI Sunil Kumar also sustained incised injuries. There is further recital in the police report that accused also broken the mirror of motor vehicle No. HP 09B-0906. After registration of the FIR criminal was investigated. Site Plan was also prepared. Photographs took place and statements of witnesses were also recorded. There is further recital in the police report that during investigation complainant Brij Lal told that by mistake he mentioned the name of Balwant Singh @ Danu as prime accused instead of Dinesh Kumar @ Guddu. There is further recital in the police report that nine criminal cases have been registered against the applicant. There is further recital in the police report that other co-accused have been released on bail by learned Additional Sessions Judge CBI. There is further recital in the police report that challan already stood filed on 30.9.2014 before the Court of learned Additional Chief Judicial Magistrate Theog. There is further recital in the police report that applicant is a quarrelsome person and if he is released on bail then applicant will induce and threat the prosecution witnesses and 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 carefully. 5. Following points arise for determination in this bail application:- Point No. 1 Whether bail application filed under Section 439 Cr.P.C. is liable to be accepted as mentioned in memorandum of grounds of bail application? Point No. 2 Final Order. Findings on Point No.1 6. Submission of learned Advocate appearing on behalf of applicant that applicant is innocent and he did not commit any offence cannot be decided at this stage. Same facts will be decided by learned trial Court after giving due opportunity to both the parties to adduce evidence in support of their version. 7. Submission of learned Advocate appearing on behalf of the applicant that challan already stood filed in the Court and no recovery is to be effected from the 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.
7. Submission of learned Advocate appearing on behalf of the applicant that challan already stood filed in the Court and no recovery is to be effected from the 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. It was held in case reported in 2012 Criminal Law Journal 702 titled Sanjay Chandra vs. Central Bureau of Investigation (Apex Court) 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. In view of the fact that investigation is already completed in the present case and in view of the fact that challan already stood filed in the criminal Court and in view of the fact that other co-accused already stood released on bail by the competent Court of law and in view of the fact that trial in present case will be concluded in due course of time Court is of the opinion that it is expedient in the ends of justice to release the applicant on bail. Court is of opinion that if the applicant is released on bail at this stage then interest of State and general public will not be adversely affected. 8. Submission of learned Additional Advocate General appearing on behalf of non-applicant that nine criminal cases are still pending against the applicant and on this ground bail application filed by the applicant be rejected is devoid any force for the reasons hereinafter mentioned.
8. Submission of learned Additional Advocate General appearing on behalf of non-applicant that nine criminal cases are still pending against the applicant and on this ground bail application filed by the applicant be rejected is devoid any force for the reasons hereinafter mentioned. It is well settled law that accused is presumed to be innocent till convicted by the competent Court of law. There is no recital in the police report that applicant has been convicted by any criminal Court of law. It was held in case reported 2014 (9) SCC titled Manoj Narula vs. Union of India that accused is presumed to be innocent until convicted by competent Court of law. It was held that this concept would apply to a person accused of one or multiple offences. 9. Submission of learned Additional Advocate General that if the applicant is released on bail then applicant will induce and threat the prosecution witnesses and will also commit the similar offence and on this ground bail application be rejected is devoid of any force for the reasons hereinafter mentioned. Conditional bail will be granted to applicant. Court is of the opinion that if the applicant will flout the terms and conditions of bail order then prosecution will be at liberty to file application for cancellation of bail order in accordance with law. In view of the above stated facts point No.1 is answered in affirmative. Point No. 2 Final Order 10. 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 applicant will join the proceedings of learned trial Court regularly till conclusion of trial in accordance with law and will also join the investigation whenever and wherever directed to do so. (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.
(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 quarrel with complainant Brij Lal. (vii) That applicant will not damage the vehicle of the complainant in any manner. Applicant be released only if he is not required in any other criminal case. Bail application filed under Section 439 Cr.P.C. stands disposed of. My observations made in this order will not affect 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.