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2025 DIGILAW 800 (HP)

Arshdeep v. State of Himachal Pradesh

2025-04-24

BIPIN CHANDER NEGI

body2025
JUDGMENT : Bipin Chander Negi, J. The present bail petition has been filed under Section 483 of the BNSS for grant of bail, in FIR No.96 of 2024, dated 27.08.2024, registered at Police Station, Haroli, District Una, H.P., under Sections 310 (2), 310(5), 126(2), 351(3), 238 of the BNS, 2023. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. The FIR in the case at hand was registered on the basis of a complaint dated 27.08.2024 filed by one Avtar with SHO Police Station, Haroli. In the complaint, it is alleged that on 26.08.2024 at about 6.00 A.M. Avtar (complainant) was travelling on his motorcycle to Jajon. A kilometer beyond a place called Polian, six persons on two motorcycles had waylaid him. 4. One of the six, who was wearing a T-shirt bearing No. “10” on the back threatened to kill the complainant. The said individual brandished a Kirpan and took out Rs.5,000/- from the pocket of the complainant. 5. During investigation, CCTV footage of government and private cameras installed in the area were checked. On checking the CCTV footage, six persons on two motorcycles were found crossing Polian barrier at about 5.27 A.M. All individuals travelling on the motorcycles had covered their faces with clothes. On the basis of CCTV camera footage taken into possession, some of the accused in the case at hand were identified. 6. On 30.08.2024, the present bail petitioner and Bhupender were arrested from ISBT Amritsar. During investigation, they had revealed the names of the other co- accused namely (Dalwinder Singh, Satinder Singh, Jaskaranpreet Singh and Raman). Accused Dalwinder Singh was arrested on 05.09.2024. The other three accused namely Satinder Singh, Jaskaranpreet Singh and Raman are absconding. 7. From a perusal of the status report, it is evident that the investigation in the case at hand is complete. Insofar as it pertains to the present bail petitioner, Bhupender Singh and Dalwinder Singh, challan stands presented on 27.11.2024. The matter is now listed for consideration of charge before the trial Court. During the pendency of the present petition, the complainant is stated to have compromised the matter with the family members of the accused. The said fact has been confirmed by the respondent and in this respect appropriate status report stands filed and placed on record. 8. The matter is now listed for consideration of charge before the trial Court. During the pendency of the present petition, the complainant is stated to have compromised the matter with the family members of the accused. The said fact has been confirmed by the respondent and in this respect appropriate status report stands filed and placed on record. 8. 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. As already stated supra, the investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioner. 9. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 10. 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. 11. 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. As per the status report, bail petitioner is stated to be a resident of Village Thaona, Tehsil Garshankar, District Hoshiarpur (Punjab). In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 12. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 13. 12. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 13. 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.96 of 2024, dated 27.08.2024, registered at Police Station Haroli, District Una H.P. under Section Sections 310 (2), 310(5), 126(2), 351(3), 238 of the BNS, 2023, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- (fifty thousand) with one local 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 Number, 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. 14 . It is open for the Investigating Agency to move appropriate application in that regard. 14 . 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. 15. 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. 16. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail, Bangarh, District Una, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 17. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail, Bangarh, District Una, H.P., is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent, District Jail, Bangarh, District Una, 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. 18. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail, Bangarh, District Una, H.P. and the learned trial Court by FASTER. 19. 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.