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2025 DIGILAW 852 (HP)

Ram Dass v. State of Himachal Pradesh

2025-04-30

BIPIN CHANDER NEGI

body2025
JUDGMENT : (Bipin Chander Negi, J .) The bail petitions, in the case at hand, are being taken up together, as they are arising out from the common FIR. The incident in the case at hand is dated 04.12.2024. 2. Heard counsel for the parties. Perused the status report. Copy whereof, has also been supplied to learned counsel appearing on behalf of the petitioners. 3. From a perusal of the record, it is evident that one Sh. Hemraj through Lakhwinder Singh @ Lakha (bail petitioner in Cr. MP(M) No.369 of 2025) had been granted a contract for lifting of scrap from Synergy Company situate in Bir Palasi (Baddi). For lifting of the scrap from the concerned Nalagarh Union, a truck bearing No.HP-12Q-3844 had been engaged on 03.12.2024. The said truck had reached the Synergy Company for lifting of scrap on 04.12.2024. 4. Insofar as, the contract for lifting scrap is concerned, previously the same qua Synergy Company was held by one Yusuf. From the record, it appears that when the truck sent by Hemraj for lifting scrap reached the Synergy Company, Robin, Sukhwinder @ Kala had stopped the associates of Hemraj, who were legally authorized to lift the scrap, as a consequence whereof a scuffle ensued. 5. Subsequent to the aforesaid, alleged scuffle at the premises of Synergy Company, as per the version of the prosecution, the present bail petitioners along with six others, out of which three are absconding, had given beatings to Jaspreet, Lakhwinder Singh, Dilbagh, Yusuf, Dharampal, Hardev and Jhujjar Singh at another place on the same day. The aforesaid individuals were brought to the hospital by Pawan Kumar at whose behest the FIR, in the case at hand, was registered. Nature of injuries i.e. on four individuals are blunt grievous, on four other individuals are simple and insofar as one is concerned, it has yet to be determined. 6. The investigation, in the case at hand, is complete and post completion of investigation, challan in case at hand has been filed before the concerned Court in the month of January, 2025 w.r.t. the present bail petitioners. 7. 6. The investigation, in the case at hand, is complete and post completion of investigation, challan in case at hand has been filed before the concerned Court in the month of January, 2025 w.r.t. the present bail petitioners. 7. 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 petitioners. 8. Trial is going to take time for its conclusion. Pre-trial incarceration is not the rule. No past criminal history has been attributed to the present bail petitioners. Further detention of the accused would not serve any fruitful purpose, rather would prove pre-judicial to the rights of the petitioners. 9. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. 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. 10. 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 preventive. 11. The respondent/State in the status report filed have not expressed any apprehension regarding the petitioners fleeing from the course of justice and adversely affecting the trial by intimidating the witnesses. In this regard, suffice it to state that the petitioners can be put to terms for the purpose 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 petitioners on bail is required to be exercised in their favour. 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 petitioners on bail is required to be exercised in their favour. Accordingly, the bail applications are allowed and it is ordered that the petitioners in Cr. MP Nos.546, 547 and 625 of 2025, who have been arrested by the police, in FIR No.361/2024, dated 04.12.2024, registered at Police Station Nalagarh, District Solan, Himachal Pradesh, under Sections 109, 190, 191(2), 191(3), 126(2) of BNS, shall be forthwith released on bail, subject to their furnishing personal bonds to the tune of Rs.1,00,000/- [Rupees one lac] each with one local surety each in the like amount, to the satisfaction of learned Trial Court. This bail order is subject, however, to the following conditions:-. (i) Petitioners 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) Petitioners shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioners will not leave India without prior permission of the Court; (iv) Petitioners 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) Petitioners shall inform the Station House Officer of the concerned police station about their 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 petitioners are arraigned as an accused, in future, in any FIR, then their 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 petitioners. 14. 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 petitioners. 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, Sub Jail Kishanpura at Nalagarh, District Solan, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 16. In case, the petitioners are not released within a period of seven days from the date of grant of bail, the Superintendent, Sub Jail Kishanpura at Nalagarh, District Solan, H.P., is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent, Sub Jail Kishanpura at Nalagarh, District Solan, H.P., is further directed that if the petitioners 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 petitions stand accordingly disposed of. A copy of this order be sent to the Superintendent, Sub Jail Kishanpura at Nalagarh, District Solan, 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 petitioners 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.