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2014 DIGILAW 93 (HP)

Joginder Singh v. State of H. P.

2014-01-22

DHARAM CHAND CHAUDHARY

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JUDGMENT : - Dharam Chand Chaudhary, J. (oral). Learned Additional Advocate General has placed on record the status report and Shri Ajit Singh, ASI Police Station, Bangana, District Una, has produced the record. 2. The petitioner is one of the accused in a case registered vide FIR No.115/13, dated 21.10.2013, under Sections 147, 148, 149, 307, 341, 325, 323, 504 & 506 IPC in Police Station, Bangana, District Una. He has been arrested on 21.10.2013 itself and after having been remanded in police custody for 3-4 days, subsequently he was remanded in judicial custody. Presently he is confined in judicial custody. The application for grant of anticipatory bail preferred by his co-accused (8 in numbers) was dismissed by this Court. This Hon’ble Apex Court in Petitions for Special Leave to appeal (Cr.) No.10035 to 10042 of 2013; presently they are on interim bail. 3. The record reveals that the accused-petitioner in connivance with his co-accused have assaulted complainant Mukesh Kumar and injured Praveen Kumar. The investigation in the case qua the accused-petitioner is completed. The record further reveals that challan also stands filed against him in the Court. The question as to whether he has committed the alleged offence in the manner as claimed in the complaint and the investigation conducted can only be adjudicated upon after holding full trial. Before that he has to be presumed to be an innocent person. At this stage, when the investigation qua the accused-petitioner is complete and he is no more required for the purpose of interrogation and also that he being local resident, this Court see no reason of his absconding or jumping over the bail, this petition deserves to be allowed. Consequently, I allow this application and order that the accused-petitioner, who has been arrested in connection with FIR No.115/13 and presently confined in judicial custody, shall be released on bail, subject to his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Chief Una. Consequently, I allow this application and order that the accused-petitioner, who has been arrested in connection with FIR No.115/13 and presently confined in judicial custody, shall be released on bail, subject to his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Chief Una. He shall further abide by the following conditions:- a. He shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; b. He shall not tamper with the prosecution evidence nor 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 Investigating Officer; c. He shall not leave the territory of India without the prior permission of the Court. 5. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him; the Investigating Agency shall be free to move this Court for cancellation of the bail. 6. The observations hereinabove shall remain confined to the disposal of this petition and have no bearing on the merits of the case. The application stands disposed of. Copy Dasti.