Phool Singh v. Police Inspector Officer In Charge Of Ponda Police Station, Ponda
2022-03-03
MANISH PITALE
body2022
DigiLaw.ai
JUDGMENT Manish Pitale, J. - The applicant has approached this Court seeking bail in connection with FIR No. 160/2021 dated 29.11.2021 registered at the Ponda Police Station for an offence under Section 307 of the Indian Penal Code (IPC). The applicant was immediately arrested and he has continued to remain behind bars since then. an application for bail filed before the Sessions Court was dismissed on 16.12.2021. 2. according to the applicant, he is not concerned with the incident. The only material alleged against him is that an altercation allegedly took place between the applicant and the victim during day time and that the incident took place in the night. It is submitted that when the incident took place, it was dark and there is nothing to connect the applicant with the incident in question. 3. Mr. Faldessai, learned additional Public Prosecutor, submitted that the material on record does indicate that the incident took place during night time and there was darkness. The background of the altercation between the applicant and the victim indicated involvement of the applicant. It was stated that the weapon of offence was also recovered during the course of investigation. In this application, Criminal Misc. application No 89 of 2022(Filing) has been filed by the victim, wherein it is stated that the complaint was lodged due to misunderstanding between the victim and the applicant. It is further stated that the applicant who desires to intervene, is not interested in prosecuting the complaint which led to registration of FIR against the accused. 4. Be that as it may, this Court has considered the material on record. Even as per the complaint, the incident took place in the night when it was dark. although the victim appears to have suffered an injury on his hand, it would be for the prosecution to support its case that the offence of Section 307 of IPC could be proved against the applicant. The victim has come forward before this Court to claim that the complaint itself was lodged due to misunderstanding thereby raising suspicion with regard to the genesis of the incident and the allegation levelled against the accused seeking bail before the Court, 5. The applicant does not have any criminal antecedents and in view of the aforesaid material brought before this Court, conditional bail can be granted to the applicant. 6.
The applicant does not have any criminal antecedents and in view of the aforesaid material brought before this Court, conditional bail can be granted to the applicant. 6. In view of the above, the application is allowed in the following terms : (i) The applicant shall be released on bail in connection with FIR No. 160/2021 dated 29.11.2021 registered at the Ponda Police Station, on furnishing PR bond of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Court of additional Sessions Judge, Ponda. (ii) The applicant shall co-operate with the proceedings before the aforesaid Court. (iii) The applicant shall not himself or through any other person indulge in any activity that would tamper with the evidence or influence the witnesses. 7. Needless to say that violation of any of the aforesaid conditions shall make the applicant liable to cancellation of bail. 8. The Trial Court shall proceed with the matter without being influenced with the observations made in this Order. 9. In view of the application for bail being allowed, Criminal Misc. application No. 89 of 2022 stands disposed of.