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2014 DIGILAW 589 (HP)

Ajay Kumar @ Sonu v. State of H. P.

2014-05-17

DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, Judge. (Oral) This order shall dispose of two applications under Section 439 of the Code of Criminal Procedure arising out of the same FIR. 2. The petitioners are accused in FIR No. 228/13 registered against them in Police Station, Ghumarwin, District Bilaspur under Sections 307, 326, 325, 341, 506 read with Section 34 of the Indian Penal Code. They have been arrested on 8.11.2013 and are presently in judicial custody. 3. Investigation in this case is complete and report under Section 173 of the Code of Criminal Procedure also stands filed against them. The case stands committed to the Court of Sessions and now is fixed for consideration of charge 4. The occurrence has taken place on 4.11.2013 around 7.30 p.m at village Majehrwa Thalotu, Tehsil Ghumarwin, District Bilaspur. Principal accused in this case is Ashwani Kumar, because it is he who allegedly came out from car No. HP23-5355 along with sharp edged weapon and assaulted victims namely Neeraj Kumar and Ashish at village Majehrwa Thalotu in the presence of Santosh Kumar, the complainant. The accused-petitioners allegedly were also occupants of the same car and later on they also alighted from the car and administered beatings to injured Neeraj Kumar and Ashish. Injured were removed to the hospital by the complainant. In the hospital, the statement of complainant Santosh Kumar under Section 154 Cr.P.C was recorded. The injured were also associated in the investigation of the case. Besides them, one Sunil, who also came at the place of occurrence along with Narender on his motorcycle and allegedly the accused persons tried to over run them also with the car has also been associated in the investigation of the case. The medical evidence collected by the police reveals that injury No. 1 on the person of both Neeraj and Ashish has been found to be dangerous to life. 5. It is seen that the principal accused in the case is Ashwani Kumar. So far as the accused-petitioners are concerned, the allegations against them are only of administering beatings to the injured. The cause of occurrence seems to be relation of accused Ashwani Kumar with the sister of injured Neeraj Kumar. Nothing can be said at this stage as to which party was aggressor and what prompted both parties to quarrel with each other. The cause of occurrence seems to be relation of accused Ashwani Kumar with the sister of injured Neeraj Kumar. Nothing can be said at this stage as to which party was aggressor and what prompted both parties to quarrel with each other. The prosecution may produce evidence during the course of trial qua this aspect of the matter. However, at this stage, when the accused persons are no more required for the purpose of interrogation and also that they belong to District Bilaspur, this Court see no justification in detaining them any further in judicial custody. The only apprehension that they may tamper with the prosecution evidence and terrorize the witnesses expressed by learned Additional Advocate General is not sufficient to curtail the freedom and liberty of the accused persons any further for the reason that the prosecution witnesses are none else but the victims themselves and also Sunil, who is also a victim of the incident. Therefore, the accused-petitioners, who seem to be not influential, can reasonably be believed to be not in a position to win over the prosecution witnesses or tamper with the prosecution evidence. Therefore, both the applications are allowed and it is ordered that accused-petitioners, who have been arrested in connection with FIR No. 228 of 2013, Police Station, Ghumarwin, shall be released on bail, subject to their furnishing personal bond in the sum of `50,000/-(rupees fifty thousand) each with one surety each in the like amount to the satisfaction of learned Additional Sessions Judge-I, Ghumarwin. The accused-petitioners shall further abide by the following conditions: that they shall:- (a) regularly attend the trial Court on each and every hearing if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (b) not temper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (c) not 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 the Police Officer. (d)not leave the territory of India without the prior permission of the Court. 6. It is clarified that if the petitioners misuse their liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. 7. (d)not leave the territory of India without the prior permission of the Court. 6. It is clarified that if the petitioners misuse their liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. 7. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The petition stands disposed of.