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Himachal Pradesh High Court · body

2016 DIGILAW 514 (HP)

Mannwar v. State of Himachal Pradesh

2016-04-20

P.S.RANA

body2016
ORDER : P.S.Rana, J. Present petition is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail relating to FIR No. 23 of 2016 dated 29.1.2016 registered under Sections 341, 323, 324 and 307 read with Section 34 IPC at Police Station Paonta Sahib District Sirmour HP. 2. It is pleaded that petitioner is innocent and petitioner did not commit any criminal offence as alleged by investigating agency. It is further pleaded that petitioner is pursuing his education B.A in economics. It is further pleaded that investigation is completed and any conditions imposed by Court will be binding upon petitioner. It is further pleaded that petitioner is not habitual offender and is not previously convicted. Prayer for acceptance of bail petition sought. 3. Per contra police report filed. As per police report on 29.1.2016 at about 4.30 PM upon road at place Bypass Mazra co-accused Mannwar inflicted injury upon body of Ankush with knife and other co-accused have also beaten injured Ankush. Medical examination of injured Ankush was conducted. As per MLC report injuries inflicted upon injured Ankush were dangerous to life. There is further recital in police report that during investigation site plan prepared and blood clotted clothes of injurerd Ankush took into possession vide seizure memo. There is further recital in police report that injured was discharged from hospital on 6.2.2016. During investigation weapon of attack i.e. knife recovered and blood clotted clothes of injured sent for chemical examination. There is further recital in police report that chemical analyst report is still awaited. 4. Court heard learned Advocate appearing on behalf of petitioner and Court also heard learned Additional Advocate General appearing on behalf of non-petitioner and also perused record carefully. 5. Following points arise for determination in present bail petition. (1) Whether bail petition filed under Section 439 of the Code of Criminal Procedure 1973 is liable to be accepted as alleged in memorandum of grounds of bail petition?. (2) Final Order. Findings upon point No.1 with reasons. 6. Submission of learned Advocate appearing on behalf of petitioner that petitioner is innocent and he has been falsely implicated in present case cannot be decided at this stage. Same fact will be decided when case shall be decided on merits by learned trial Court after giving due opportunity of hearing to both parties to lead evidence in support of their case. 7. Same fact will be decided when case shall be decided on merits by learned trial Court after giving due opportunity of hearing to both parties to lead evidence in support of their case. 7. Submission of learned Advocate appearing on behalf of petitioner that petitioner is student of B.A and career of the petitioner is involved and investigation is completed and any conditions imposed by Court will be binding upon petitioner and on this ground bail petition be allowed is accepted for the reasons hereinafter mentioned. It is well settled law that at the time of granting bail following factors should be considered (i) Nature and seriousness of offence (ii) 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) Larger interests of the public or the State. See AIR 1978 SC 179 title Gurcharan Singh and others Vs. State (Delhi Administration. Also see AIR 1962 SC 253 title The State Vs. Captain Jagjit Singh. It was held in case reported in 2012 Cri.L.J 702 S.C title Sanjay Chandra Vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial and it was held that object of bail is not punitive in nature. It was held that bail is rule and committal to jail is exception. It was also held that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution of India. It was held that it is not in the interest of justice that accused should be kept in jail for indefinite period. 8. Learned Additional Advocate General submits before the Court that investigation is completed in present case except chemical analyst report. In view of the fact that petitioner is student and in view of the fact that injured has been discharged from hospital on 6.2.2016 and in view of the fact that accused is presumed to be innocent till convicted by competent Court of law court is of the opinion that it is expedient in the ends of justice to release petitioner on bail. Court is of the opinion that if petitioner is released on bail at this stage then interest of general public and State will not be adversely effected. 9. Court is of the opinion that if petitioner is released on bail at this stage then interest of general public and State will not be adversely effected. 9. Submission of learned Additional Advocate General appearing on behalf of non-petitioner that if the petitioner is released on bail then petitioner will induce and threat prosecution witnesses and on this ground bail petition be rejected is devoid of any force for the reasons hereinafter mentioned. It is held that conditional bail will be granted to petitioner. It is further held that if petitioner will flout terms and conditions of conditional bail order then prosecution agency or investigating agency will be at liberty to file application for cancellation of bail as provided under Section 439(2) of the Code of Criminal Procedure 1973 in accordance with law. In view of above stated facts point No.1 is answered in affirmative. Point No.2 (Final order). 10. In view of findings on point No.1 bail petition filed by petitioner is allowed. It is ordered that petitioner will be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (One lac) with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That petitioner will join investigation as and when called for by the Investigating Officer in accordance with law. (ii) That petitioner shall 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 petitioner will not leave India without prior permission of Court. (iv) That petitioner will not commit similar offence qua which he is accused. (v) That petitioner will attend the proceedings of learned trial Court regularly till conclusion of the trial. Observation made hereinabove is strictly for the purpose of deciding the present bail petition and it shall not effect merits of case in any manner. Bail petition disposed of. All pending application(s) if any also disposed of.