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2025 DIGILAW 1064 (HP)

Vicky v. State of Himachal Pradesh

2025-05-20

BIPIN CHANDER NEGI

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JUDGMENT : Bipin Chander Negi, J. 1. The present bail petition has been filed under Section 483 of the BNSS for grant of regular bail, in FIR No.14 of 2024, dated 21.03.2024, registered at Police Station, Mcleodganj District Kangra, H.P. under Sections 302, 323, 147 and 149 of the Indian Penal Code. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. In the case at hand, a telephonic information was received in Police Station Mcleodganj from the hospital that an individual belonging to the State of Punjab has been brought to the hospital and was dead. On receiving the aforesaid information, the police rushed to the Zonal Hospital, Dharamshala. The informant in the case at hand is one Harmanpreet Singh, who got recorded his statement under Section 154 Cr.PC. As per the informant on 20.03.2024, he alongwith his elder brother Navdeep Singh, brother-in-law Gagandeep Singh and their friend Sandeep Awan had come to Mcleodganj in vehicle bearing No. PB-36H-7127. 4. At Mcleodganj, they had stayed at hotel named OM Palace at Bhagsunag. On 21.03.2024 for having breakfast, they had gone Aryan Cofee Shop. When they were sitting inside the coffee shop, the owner of the shop had asked them to refrain from consuming alcohol in his coffee shop. Informant alongwith others had informed the coffee shop owned (Hoshiar Singh) that they would not be consuming alcohol in the morning. 5. Upon this, an altercation took place inside the coffee shop. While the altercation was taken place inside coffee shop, the son of the coffee shop owned (Hoshiar Singh) also arrived on the spot. The father, son duo pushed the informant alongwith Navdeep, Gagandeep and Sanjeev Avan outside the coffee shop. Once they were outside the coffee shop, Hoshiar Singh owner of the coffee shop loudly insinuated against the aforesaid four individuals. 6. On hearing Hoshiar Singh, coffee shop owner shouting at the aforesaid four individuals, his relatives Ankush Kumar @ Garati, Ankush Kapoor, Kunal Neharia @ Sagar, Vicky (bail petitioner), taxi operator Raman Kumar @ Banta and one Ajay Kumar rushed towards the coffee shop. Vicky (bail petitioner) accused, Ankush Kumar @ Garati, Hoshiar Singh and accused Aryan got hold of deceased Navdeep Singh outside the coffee shop. 7. Vicky (bail petitioner) accused, Ankush Kumar @ Garati, Hoshiar Singh and accused Aryan got hold of deceased Navdeep Singh outside the coffee shop. 7. The other individuals including the present bail petitioner started beating Harmanpreet Singh, Gagandeep Singh, Sanjeev Ayan and pushed them towards rain shed, in the ensuing scuffle. The location of the bail petition in the case at hand is being determined on the basis of Mobile Tower Location. Even otherwise as per the own case of the prosecution, insofar as the scuffle with the deceased Navdeep Singh is concerned, only Ankush Kumar @ Garati, Hoshiar Singh and Aryan son of the coffee shop owner are said to have been involved. 8. Investigation in the case at hand is complete. Challan stands filed on 06.06.2024. No recoveries are to be effected from the petitioner. 9. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. 10. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner. 11. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioners, whereby it can be made out that the petitioners are likely to betray the confidence that the Court may place in him to turn out to take justice at the hands of the Court. Petitioner is a permanent resident of VPO Bhagsu, Tehsil Dharamshala, District Kangra, H.P. The respondent-State has not expressed any apprehension regarding his fleeing from the course of justice and adversely affecting the trial. Petitioner is a permanent resident of VPO Bhagsu, Tehsil Dharamshala, District Kangra, H.P. The respondent-State has not expressed any apprehension regarding his fleeing from the course of justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 12. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No.14 of 2024, dated 21.03.2024, registered at Police Station, Mcleodganj District Kangra, H.P., under Sections 302, 323, 147 and 149 of the Indian Penal Code, shall be forthwith released on bail, subject to their furnishing personal bond to the tune of Rs. 50,000/- (Rupees fifty thousand) with one surety in the like amount, to the satisfaction of learned trial Court.This bail order is subject, however, to the following conditions:- (i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application. (ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever. (iii) Petitioner will not leave India without prior permission of the Court. (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer. (v) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Numbers, Email, PAN Card, Bank Account Number, if any. (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 13. Petitioner shall furnish details of his Aadhar Card, Telephone Numbers, Email, PAN Card, Bank Account Number, if any. (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 13. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 14. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail, Dharamshala, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 16. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail, Dharamshala, H.P., is directed to inform this fact to the Secretary, DLSA, Kangra at Dharamshala. The Superintendent, District Jail, Dharamshala, H.P., is further directed that if the petitioner fail to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 17. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail, Dharamshala, H.P. and the learned trial Court by FASTER. 18. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court.