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2018 DIGILAW 1193 (HP)

Jyoti Patial v. State of Himachal Pradesh

2018-07-02

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. The present bail application has been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 164 of 2018, dated 12.06.2018, under Sections 341, 323, 355, 500, 501, 504, 506, 147 and 149 IPC, registered in Police Station Sadar Hamirpur, District Hamirpur, H.P. 2. As per the averments made in the petition, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail. 3. Police report stands filed. As per the prosecution story, on 12.06.2018, complainant, Shri Manjinder Singh, made a written complaint to the police and the police got recorded the statement of the complainant under Section 154 Cr.P.C. As per the complainant, on 10.06.2018, at about 09:30 p.m., his servants, Arjun Singh and Santosh Kumar, went to dispose the garbage. Soon thereafter, Arjun Singh telephoned him that some persons are giving beatings to them, so the complainant rushed to the spot on his scooty. On his asking, as to why they are giving beatings to Arjun Singh and Santosh Kumar, 8-10 persons started thrashing him. As per the complainant his gold chain was snatched and Rs.70,000/- were also taken by them. Police registered a case and the investigation ensued. The complainant was medically examined and his X-ray examination was also conducted. Police prepared the spot map and recorded the statements of the witnesses. It has also come in the investigation that the petitioners made a video of giving beatings to the complainant, which has been made viral by them, so a mobile phone was also taken into possession, which has been sent to FSL for examination. It has come in the investigation that the petitioners are truck drivers and they used to park their truck near Pakka Baroh, where the complainant and his servants used to throw garbage. On the day of occurrence the petitioners objected qua throwing of garbage on the spot and the altercation turned into giving beatings. Lastly, the prosecution has prayed that the bail application may be dismissed. 4. On the day of occurrence the petitioners objected qua throwing of garbage on the spot and the altercation turned into giving beatings. Lastly, the prosecution has prayed that the bail application may be dismissed. 4. I have heard the learned Counsel for the petitioners, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. The learned Counsel for the petitioners have argued that the petitioners are joining and co-operating in the investigation and their custodial interrogation is not at all required. He has also argued that by keeping the petitioners behind the bars no fruitful purpose will be served. The petitioners are residents of the place and they are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail. Conversely, the learned Additional Advocate General has argued that in case the petitioners are released on bail, they may tamper with the prosecution evidence and may also flee from justice. The petitioners have committed a serious offence, thus it has been prayed that the bail application of the petitioners may be dismissed. 6. At this moment, taking into consideration the fact that the petitioners are, residents of the place and they are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, and also considering the allegations and the manner in which the offence is alleged to have been committed, the present is a fit case where the judicial discretion to admit the petitioners on bail, in the event of their arrest, is required to be exercised in their favour. Under these circumstances, it is ordered that the petitioners be released on bail, in the event of their arrest, in case FIR No. 164 of 2018, dated 12.06.2018, under Sections 341, 323, 355, 500, 501, 504, 506, 147 and 149 IPC, registered in Police Station Sadar Hamirpur, District Hamirpur, H.P., on their furnishing personal bond to the tune of Rs.25,000/- (rupees twenty five thousand only) each with one surety each in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioners will join investigation of the case as and when called for by the Investigating Officer in accordance with law. The bail is granted subject to the following conditions: (i) That the petitioners will join investigation of the case as and when called for by the Investigating Officer in accordance with law. (ii) That the petitioners will not leave India without prior permission of the Court. (iii) That the petitioners 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 Investigating Officer or Court. 7. In view of the above, the petition is disposed of.