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2018 DIGILAW 589 (HP)

Thakur Dass v. State Of Himachal Pradesh

2018-04-09

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J —The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 34 of 2018, dated 03.02.2018, under Sections 354, 504, 506 IPC read with Section 34 IPC and Sections 3(1) (r) and 3(1) (s) of SC & ST Act, registered at Police Station Manali, District Kullu, H.P. 2. As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are the 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 03.02.2018 Smt. Sunita Devi (complainant) reported to the police that today when she alongwith one Smt. Durga Devi was sitting in the house, the petitioners and other came and thrashed them. Smt. Durga Devi immediately informed her husband and the petitioners also picked up scuffle with him. On the basis of the complaint, so made by the complainant, a case was registered by the police and the investigation ensued. Spot map was prepared and the statements of the witnesses were recorded. The statements of the complainant and one Shri Nathu Ram were also recorded under Section 164 Cr.P.C. The investigation further unearthed that the occurrence originated from land dispute. As per the prosecution, the investigation stands completed and challan will be filed in the Court shortly. 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 has argued that the petitioners are innocent. The petitioners are the residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that no fruitful purpose will be served by keeping them behind the bars for an unlimited period. Conversely, the learned Additional Advocate General has argued that taking into consideration seriousness of the offence, the applications of the petitioners may be dismissed. 6. He has further argued that no fruitful purpose will be served by keeping them behind the bars for an unlimited period. Conversely, the learned Additional Advocate General has argued that taking into consideration seriousness of the offence, the applications of the petitioners may be dismissed. 6. In rebuttal the learned counsel for the petitioners has argued that no purpose will be served by keeping the petitioners behind the bars. He has further argued that the petitioners 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 enlarged on bail. 7. At this stage considering the record, the fact that the petitioners are residents of the place neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, no purpose will be served by keeping the petitioner behind the bars. Therefore, the present are fit cases where the judicial discretion to admit the petitioners on bail are required to be exercised in their favour. Accordingly, the petitions are allowed and it is ordered that the petitioners be released on bail in case of arrest, in connection with FIR No. 34 of 2018, dated 03.02.2018, under Sections 354, 504, 506 IPC read with Section 34 IPC and Sections 3(1) (r) and 3(1) (s) of SC & ST Act, registered at Police Station Manali, District Kullu, H.P., subject to their furnishing personal bond in the sum of Rs. 10, 000/- (rupees ten thousand) 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 appear before the learned Trial Court as and when required. (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. 8. In view of the above, the petitions are disposed of. Copy dasti.