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2019 DIGILAW 64 (HP)

Kamlesh Kumar @ Kamlu v. State of H. P.

2019-01-07

VIVEK SINGH THAKUR

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JUDGMENT : Vivek Singh Thakur, J. Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case FIR No. 71 of 2018 dated 24.7.2018 registered at Police Station Arki under Sections 304, 341, 323, 504 and 506 IPC. 2. Status report stands filed and record also stands produced, perusal whereof indicates that a quarrel had taken place on 24.7.2018 between deceased Ganpatu Devi and accused Kamlesh on the issue of cleaning of Kuhal (water channel) which has started with abusing each other and resulted into causing injuries to deceased Ganpatu Devi, whereupon deceased Ganpatu was taken from the spot to hospital for treatment and on the basis of information received from the hospital, police had rushed to hospital and on the basis of statement made by her daughter-in-law Leela Devi, the case was registered against petitioner Kamlesh. 3. The said Ganpatu had succumbed to injuries during her treatment on 25.7.2018, whereupon Section 304 IPC was also added in the case on the basis of evidence. It is also submitted on behalf of the petitioner that incident had not taken place as reported to the police by Leela Devi and a complaint was also filed by Kanta Devi, mother of petitioner, before Sub Divisional Magistrate (Civil) Arki against deceased Ganpatu Devi. As per status report, the said complaint has been received and recorded as rapat No 36 on 24.7.2018. 4. It is also reported in the status report that stone stated to have been used as weapon of offence by petitioner/accused was taken in possession during investigation and also sent to State Forensic Science Laboratory, Junga. However, as per report received therefrom, human blood has not been found thereon and now after taking the final opinion of the Medical Officer, the said report shall be filed in the Court with supplementary challan. Main challan has already been put in Court and is pending consideration before learned Judicial Magistrate 1st Class for its committal. 5. However, as per report received therefrom, human blood has not been found thereon and now after taking the final opinion of the Medical Officer, the said report shall be filed in the Court with supplementary challan. Main challan has already been put in Court and is pending consideration before learned Judicial Magistrate 1st Class for its committal. 5. Without commenting upon the allegations and counter allegations in view the nature and manner in which the incident has been alleged to have taken place and material placed before me, I am of the opinion that at this stage petitioner is entitled to be enlarged on bail, subject to furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned trial Judge, subject to the following conditions:- (i) That the petitioner shall make himself available before the trial Court on each and every date as and when required; (ii) That the 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (ii) That he shall not obstruct the smooth progress of the trial; (iii) That he shall not jump over the bail and also shall not leave the jurisdiction of Himachal Pradesh without information and shall inform, in writing, regarding change of address, if any, from the present place of residence, in advance, to P.S. Arki. (v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected. (vi) That petitioner shall not misuse his liberty in any manner. 6. It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 7. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 7. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law. 8. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013. Petition stands disposed of. 9. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.