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2018 DIGILAW 1250 (HP)

Sohan Singh @ Tinku v. State of Himachal Pradesh

2018-07-09

SURESHWAR THAKUR

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JUDGMENT : Sureshwar Thakur, J. All these petitions arise out of a common FIR, hence are liable to be disposed, of, by a common order. 2. The instant petitions, stand instituted by the bail petitioners, under, Section 438, of, the Code of Criminal Procedure, wherein they seek the grant of anticipatory bail qua them, given theirs apprehending their arrest, for theirs allegedly committing offences punishable, under Sections 147, 149, 354 B, 504, 506, 509, 323 of Indian Penal Code, in case FIR No. 142/18 of 14.6.2018, registered at Police Station, Baddi. 3. Status report filed. The prima donna factum, as, is, brought to the notice of this Court, is, comprised in the factum of the accused, being not named by the prosecutrix in the FIR, rather hers making a disclosure, in the apt FIR, qua, upon hers being confronted with the accused/bail applicants, in a valid test identification parade, conducted by the Investigating Officer concerned, hers thereupon establishing their identities, besides, also hers establishing their participation, in, the alleged offences. However, the Investigating Officer has reported to this Court, that, despite his eliciting the presence of the prosecutrix, in a test identification parade, yet, the prosecutrix not recording her presence. Consequently, at this stage the participation of the accused in the alleged offences is prima facie not clinchingly established. Apart therefrom, prima-facie the prosecutrix, was (I) enjoined, to, unravel in the apposite FIR, the key characteristic features, of, each of the accused, and, also all apt features, as unraveled to the Investigating Officer concerned, were, on hers being confronted with the accused, in, a test identification parade, enjoined to bear compatibility, with, their key physical appearances, as earlier disclosed, (ii) whereupon alone it may be convincingly inferred qua the prosecutrix establishing, the identities of the accused, also, hers’ concomitantly establishing their participation in the alleged offences. However, the investigating Officer, has reported, to this Court, that the prosecutrix has not divulged in the apt FIR, the key characteristic features of each of the accused, (iii) thereupon she may be rather defacilitated, to, on hers being confronted, with, the physical appearances of the accused, in, a test identification parade, conducted by the Investigating Officer concerned, hence establish qua their physical appearances, bearing concurrence with, their key characteristic features, as, purportedly earlier disclosed, nor, hence she would be able to establish either the identities of the accused or their unflinching participation in the alleged offences. Thereupon, prima-facie hence it appears that the prosecution, at this stage, is, unable to firmly establish either the identities of the accused or their participation in the alleged offences. Moreover, when at this stage, no material, has been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the bail applicants, there being every likelihood of theirs fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to grant indulgence of bail in favour of the bail applicants. Accordingly the orders rendered on 28.6.2018, are confirmed, on, the following conditions:- 1. That they shall join the investigation, as and when required by the Investigating agency; 2. That they 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 from disclosing such facts to the Court or to the Police; 3. That they shall not leave India without the previous permission of the Court; 4. That they shall deposit their passports, if any, with the Police Station, concerned; 5. That in case of violation of any of the conditions, the bail granted to the petitioners shall be forfeited and they shall be liable to be taken into custody; 6. That they shall apply for bail afresh when the challan is filed before the trial Court. 4. In view of above, petitions stand disposed of. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.