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Himachal Pradesh High Court · body

2019 DIGILAW 1588 (HP)

Vijay v. State Of Himachal Pradesh

2019-10-24

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 160 of 2019, dated 01.08.2019, under Sections 506 IPC, registered in Police Station Sadar, Shimla, District Shimla, H.P. 2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. 3. Police report stands filed. As per the prosecution story, on 01.08.2019 Smt. Kiran (complainant) reported to the police that on 06.05.2019, during night, her husband (petitioner herein) gave beatings to her with sticks and also cut her hair. The matter was reported to the police and qua this incident FIR No. 97 of2019, dated 07.05.2019, under Sections 307, 498A, 354, 355, 323, 325, 182, 186, 189, 190, 195A, 203 and 506 IPC was registered in Police Station Sadar, Shimla. The petitioner was arrested and sent in judicial lockup. On 30.07.2019 the petitioner telephoned the complainant from jail and divulged that his mother is ill and son is in Gurgaon jail. The petitioner pressurized to compromise the matter by tendering an affidavit and he threatened that in case anything happens to his mother, she will be responsible. The petitioner threatened the complainant to kill her. Upon the complaint, so made by the complainant, police registered a case and investigation ensued. Police obtained the call records and the phone number from which the petitioner made call to the complainant was found to be in District Jail, Kaithu. The petitioner was already arrested in FIR No. 97 of 2019 and many cases have been found to be registered against him. As per the police, the petitioner is habitual offender and he pressurized the complainant to withdraw the case against him, otherwise he would eliminate the complainant and her family members. The petitioner cut the hair of the complainant and gave her sever beatings. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is habitual offender and many cases have been registered against him. The petitioner cut the hair of the complainant and gave her sever beatings. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is habitual offender and many cases have been registered against him. There is anger in the nearby area and in case the petitioner is enlarged on bail there is threat to his life, as petitioner picked up quarrel with the people of the area on 19.03.2019 by making indecent remarks and using abusive language. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed. 4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that petitioner is resident 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 the petitioner behind the bars for an unlimited period, especially when investigation is complete and challan is presented in the learned Trial Court. He has prayed that the petition be allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner is habitual offender and many cases have been registered against him. He has further argued that there is anger in the nearby area and in case the petitioner is enlarged on bail there is threat to his life, as petitioner picked up quarrel with the people of the area on 19.03.2019 by making indecent remarks and using abusive language. He has argued that in case the petitioner is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner be dismissed. 6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, so the application be allowed and the petitioner be enlarged on bail. 7. He has prayed that the bail application of the petitioner be dismissed. 6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, so the application be allowed and the petitioner be enlarged on bail. 7. At this stage, considering the nature of the offence, the fact that the petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the petitioner is ready and willing to abide by the terms and conditions of bail, if so granted, considering the overall facts, which have come on record, and without discussing the same at this stage, so this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No. 160 of 2019, dated 01.08.2019, under Sections 506 IPC, registered in Police Station Sadar, Shimla, District Shimla, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) That the petitioner 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 petition is disposed of.