Gurbinder Singh Alias Sunny v. State of Himachal Pradesh
2025-02-25
VIRENDER SINGH
body2025
DigiLaw.ai
JUDGMENT : Virender Singh, J. 1. Applicant-Gurbinder Singh @ Sunny, apprehending his arrest, in FIR No.86/2024, dated 10.06.2024, registered under Sections 323, 504, 506, 382, 307, read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station, Kala Amb, District Sirmaur, H.P., has filed the presentapplication, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application a prayer has been made to direct the police of Police Station, Kala Amb, to release the applicant on bail, in the event of his arrest in the above said case. 3. According to the applicant, he has falsely been implicated, in this case with the ulterior motive. 4. As per the applicant, he is innocent person and has nothing to do with the offences, for which, he has been named as accused, in the FIR, in question. 5. Highlighting the medical evidence allegedly collected by the police, during investigation, it has been submitted in the application that no case under Section307 IPC is made out against the applicant. 6. According to the applicant, the CCTV footage collected by the police to connect the applicant with the crime in question, is not admissible. 7. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section482 of the BNSS. 8. On all these submissions, a prayer has been made to allow the application. 9. When put to notice, the police has filed the status report, disclosing therein that on 10.06.2024, on public helpline number 108, an information was received with regard to a quarrel having taken place at Ambwala Sainwala, upon which, ASI Islam Mohammad, along with other police official, reached on the spot. 9.1. On the spot, the I.O., came to know about the fact that injured Deen Mohammad had been taken to Government Hospital, Nahan for treatment. Thereafter, the police party reached at Government Hospital Nahan, where injured Deen Mohammad was found admitted for treatment. 9.2. Thereafter, the medico-legal examination of the injured was got conducted and Medico-Legal Certificate was obtained. The opinion of the Doctor was obtained. 9.3.
Thereafter, the police party reached at Government Hospital Nahan, where injured Deen Mohammad was found admitted for treatment. 9.2. Thereafter, the medico-legal examination of the injured was got conducted and Medico-Legal Certificate was obtained. The opinion of the Doctor was obtained. 9.3. As per the status report, statement, under Section 154 Cr.PC, of injured Deen Mohammad has been recorded, in which, he has disclosed that he is running a straw depot at lower Ambwala. On 10.06.2024, at about 12.00 in the midnight, one Bolero Camper vehicle was overturned near Mango Valley Dhaba. 5-6 persons were there in the said vehicle, who had requested him to provide the mobile number of hydrolic machine. Thereafter, he has disclosed them that his brother-in-law (Sala) is having the mobile number, but, he is not picking up his phone. 9.4. When, the injured came back to his straw depot, then, the persons, who were there, in the Bolero Camper came there, having sticks, in their hands, and attacked him. They had beaten the complainant and also threatened him to kill. Due to the beating, the injured sustained injuries all over his body. 9.5. According to the complainant, he could identify those persons, if produced before him. He has also pointed out that CCTV has been installed in his depot and footage can be obtained. 9.6. Lastly, the applicant has got recorded in his statement that he was having Rs.1,00,000/- in his pocket, which has also been snatched by those persons. 9.7. On the basis of the above facts, the FIR in question, has been registered and the criminal machinery swung into motion. 10. During investigation, CCTV footage was also taken into possession. The doctor was also requested to give final opinion on the X-ray report and CT Scan report, upon which, the doctors have given the following opinion:- "According to X-ray report received Linear fracture was seen on Lt. ulna so injury was Grievous in nature. According to CT Scan report grously normal study for brain parenchyma. However, there were 4 lacerated wound on scalp. Polech were stitched. Which can cause extreme blood loss and person can going hyprolumic shock & can cause death & sepris can also cause death. So injuries caused could endanger life." 11. Thereafter, Section 307 IPC was added.
According to CT Scan report grously normal study for brain parenchyma. However, there were 4 lacerated wound on scalp. Polech were stitched. Which can cause extreme blood loss and person can going hyprolumic shock & can cause death & sepris can also cause death. So injuries caused could endanger life." 11. Thereafter, Section 307 IPC was added. When the CCTV footage was perused, the involvement of accused Manish Kumar @ Jora, Gurpreet @ Gopi, Raman Singh and Sunny (applicant) were found in the incident. No other person was found to be involved in this case. As such, Sections 147, 148 and 149 IPC were deleted and Section 34 IPC was added. 12. Accused Manish Kumar @ Jora, Gurpreet @ Gopi and Raman Singh, were arrested. During interrogation, they had disclosed to the police about the involvement of Sunny (applicant) in this case. 13. On the basis of the investigation conducted by the police, charge sheet has been filed against accused Manish Kumar @ Jora, Gurpreet @ Gopi and Raman Singh, in the competent Court of law. 14. On the basis of the above stand, interim protection was granted to the applicant with a direction to join the investigation. 15. As per the supplementary status report filed on 16.1.2024, the applicant has joined the investigation. It is the specific case of the police that except the present case, no other case is found to be registered against the applicant. 16. In the supplementary status report filed today, it has been mentioned that the applicant is not disclosing anything about the amount of Rs.1,00,000/-, which was allegedly snatched from the complainant. As such, Section201 was added, in this case. 17. On the basis of the above facts, a prayer has been made to dismiss the application. 18. Heard. 19. The alleged involvement of the applicant was found, in this case, on the basis of the CCTV footage, as well as, disclosure/revelation made by the co-accused during their police remand, whereas, other co-accused have been found to be involved on the basis of the CCTV footage. As such, it can be said that the role allegedly played by the applicant in the commission of crime would be proved during trial. 20. The applicant has joined the investigation and has been released on bail by the Police, as per the direction of this Court. 21.
As such, it can be said that the role allegedly played by the applicant in the commission of crime would be proved during trial. 20. The applicant has joined the investigation and has been released on bail by the Police, as per the direction of this Court. 21. The status report is totally silent about the fact as to whether the custodial interrogation of the applicant is required or not. Since, no prayer has been made with regard to the custodial interrogation of the applicant, as such, the interim protection, which has been granted to the applicant is liable to be confirmed. 22. As per the status report, except the present case, no other case is found to have been registered against the applicant, as such, presumption of innocence is still available to him. 23. Since, the applicant had joined the investigation, as per the directions of this Court, as such, this Court is of the opinion that the interim order, dated 10.01.2025, is liable to be confirmed. Consequently, interim order, dated 10.01.2025, is made absolute, subject to the following conditions: a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant 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 the Court; d) That the applicant shall regularly 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; 24. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present application. 25. The applicant is directed to move regular bail application, when charge-sheet will be filed in the competent Court of law. 26. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicants.