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2020 DIGILAW 106 (HP)

Rohit Kumar v. State Of Himachal Pradesh

2020-01-09

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. 197 of 2019, dated 30.09.2019, under Sections 341, 323, 307 read with Section 34 IPC, registered at Police Station Sadar Hamirpur, District Hamirpur, 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 permanent 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 30.09.2019 police were informed from hospital that a boy has been brought there in an injured condition. Police visited the hospital and found one Shri Rijul Dhumal, under treatment. Injured was accompanied by one Rahul Ram, who got his statement recorded under Section 1564 Cr.P.C. wherein he stated that he works under a contractor and injured is JCB driver. The injured stayed in his room and during night at about 01:00/01:15 a.m. Babu Ram @ Rohit Kumar (petitioner herein) and Vinod, who are real brothers, came in inebriated state and picked up a quarrel with them. The petitioner struck the injured with a bottle on his head and the bottle broke. Later on, when the injured tried to flee, the petitioner stabbed the injured in his stomach with the broken bottle. Thereafter, the accused persons fled away from the spot and they shifted the injured to the hospital. Upon the statement recorded under Section 154 Cr.P.C., police registered a case and the investigation ensued. As per the medical opinion the injuries sustained by the injured were found to be life threatening. Police visited the spot, made relevant recoveries, prepared the spot map and recorded the statements of the witnesses. The petitioner and other co-accused were arrested and medically examined. On 02.10.2019 the petitioner got recovered his blood stained shirt. As per the police, co-accused has already been enlarged on bail by the learned Trial Court. The injured is under treatment in PGI, Chandigarh. On 28.12.2019, challan was presented in the learned Trial Court. The petitioner and other co-accused were arrested and medically examined. On 02.10.2019 the petitioner got recovered his blood stained shirt. As per the police, co-accused has already been enlarged on bail by the learned Trial Court. The injured is under treatment in PGI, Chandigarh. On 28.12.2019, challan was presented in the learned Trial Court. Lastly, it is prayed that in case the petitioner, at this stage, is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Petitioner is very clever person and he was found involved in a serious crime, so the bail application of the petitioner may 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 the petitioner is permanent 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, challan stands presented in the learned Trial Court and the co-accused has already been enlarged on bail by the learned Trial Court. Conversely, the learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may 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, especially when investigation is complete, challan stands presented in the learned Trial Court and the co-accused has already been enlarged on bail by the learned Trial Court, so the bail application of the petitioner be allowed. 7. In rebuttal, the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, especially when investigation is complete, challan stands presented in the learned Trial Court and the co-accused has already been enlarged on bail by the learned Trial Court, so the bail application of the petitioner be allowed. 7. At this stage, considering the age of the petitioner, who is only 23 years of age, the fact that the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, custody of the petitioner is not at all required by the police, as investigation is complete, challan stands presented in the learned Trial Court and the co-accused has already been enlarged on bail by the learned Trial Court, also considering the overall material, which has come on record, and without discussing the same at this stage, the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case so granted, and also the fact that the petitioner cannot be kept behind the bars for an unlimited period, 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. 197 of 2019, dated 30.09.2019, under Sections 341, 323, 307 read with Section 34 IPC, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs.50,000/- (rupees fifty 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. (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. Copy dasti.