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2022 DIGILAW 881 (HP)

Jaipal Negi alias Johnny v. State of Himachal Pradesh

2022-12-27

SATYEN VAIDYA

body2022
JUDGMENT : Satyen Vaidya, J. Petitioner is in judicial custody since 14.05.2022, in case registered vide FIR No. 55 of 2022, dated 02.04.2022, at Police Station, Manpura, Police District Baddi, H.P. under Sections 341, 323, 325, 307, 506 and 34 of IPC. 2. Petitioner has prayed for grant of bail under Section 439 Cr.P.C. on the ground that he has been falsely implicated in the case. As per petitioner, he has not committed any offence much less the offence alleged against him. It is also contended on behalf of petitioner that he has no past criminal history. Petitioner has been implicated for ulterior purposes. Petitioner is stated to be permanent resident of Village Theda, P.S.Manpura, Tehsil Baddi, District Solan, H.P. It has been undertaken by petitioner that he will abide by all the terms and conditions as may be imposed against him. 3. Status report has been filed on behalf of the respondent. It is revealed that the case was registered against petitioner and his co-accused on the basis of a written complaint submitted by the complainant Sh. Om Pal to the police alleging inter alia that the said Sh. Om Pal alongwith injured Bhajan Lal and another person named Ravinder Singh were standing near their fields when the petitioner alongwith his co-accused namely Sanju stopped there and the petitioner inflicted a blow on the head of Bhajan Lal with a sickle (Drat). On 5th May, 2022, case summary in respect of injured Bhajan Lal was received from PGI, Chandigarh and the injury received by him was described as “dangerous to life and with sharp weapon”. Accordingly, Sections 325 and 307 of IPC were incorporated in the case and thereafter on 14.5.2022, the petitioner and his co-accused were arrested. As per status report, the investigation is complete and challan has been filed. 4. I have heard learned counsel for the parties and have also gone through the records of the case carefully. 5. It is contended on behalf of learned counsel for the petitioner that the genesis of the case has been suppressed by the police with ulterior purposes. He pointed out that in the MLC dated 01.04.2022 the Medical Officer has recorded the history of blunt blow with wooden stick and the source of such information is stated to be the attendant of the patient. In the same document, the name of Sh. He pointed out that in the MLC dated 01.04.2022 the Medical Officer has recorded the history of blunt blow with wooden stick and the source of such information is stated to be the attendant of the patient. In the same document, the name of Sh. Om Pal is written as friend of the injured. On the strength of such content of MLC, it has been submitted that in MLC, the complainant Sh. Om Pal had given a different history, whereas, while making the complaint to the police, he gave a different version. In MLC, the weapon of offence was mentioned as stick, whereas in the written complaint to the police, the weapon was stated to be a sickle. Learned counsel for the petitioner further submitted that the sickle taken in possession by the police during investigation was provided to them by the complainant himself and on its scientific examination, no blood stained was found on it. 6. Though while deciding the application for bail, this Court is not to scan the material collected by the Investigating Agency minutely, but the same can always be looked into for assessing the seriousness and gravity of allegations against petitioner. 7. Taking notice of the contentions raised on behalf of the petitioner and after going through the records, it cannot be said that the contentions so raised are without any basis. There is a clear discrepancy between the version given by the complainant to the Medical Officer than the version given to the police. In complaint, the complainant had also mentioned the presence of third person with the petitioner and co-accused Sanju, but during investigation, no such third person has been connected with the offence. The allegations against petitioner are yet to be proved. 8. Petitioner is already in custody for the last about seven months. The trial has not yet been begun. It is likely that the trial will not be concluded within short period. Keeping in view of attending circumstances, petitioner cannot be allowed to be kept in custody for indeterminate period. Pre-trial incarceration otherwise is not the rule. 9. There is no past criminal history attributed to the petitioner. He is permanent resident of Village Theda, P.S.Manpura, Tehsil Baddi, District Solan, H.P. and there is no likelihood of his absconding or fleeing from the course of justice. 10. Pre-trial incarceration otherwise is not the rule. 9. There is no past criminal history attributed to the petitioner. He is permanent resident of Village Theda, P.S.Manpura, Tehsil Baddi, District Solan, H.P. and there is no likelihood of his absconding or fleeing from the course of justice. 10. The respondent has not expressed any apprehension that in case of release of petitioner on bail, the trial of the case will be prejudicially affected. The co-accused of the petitioner is already on bail. 11. In view of peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 55 of 2022, dated 02.04.2022, registered at Police Station, Manpura, Police District Baddi, H.P. under Sections 341, 323, 325, 307, 506 and 34 of IPC, on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of learned trial Court. This order shall, however, be subject to the following conditions: - (i) That the petitioner shall appear before learned trial Court on each and every date and shall not delay the trial. (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 the Court or to any police officer. (iii) That breach of any of the bail condition by the petitioner shall entail cancellation of the bail. (iv) That the petitioner shall not leave India without prior permission of the Court. 12. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. The petition stands disposed of.