AI Structured Summary
Not yet generated for this judgment
Judgment
The instant bail application has been moved by the applicant/petitioner for grant of bail in anticipation of his arrest in FIR No. 01 of 2018 (Annexure-A) dated 18th January, 2018, registered at Police Station, Ramsoo, District Ramban, for the offences under Sections 304-A, 337 and 279 RPC.
The factual matrix of the case is that the petitioner is an innocent person and has not committed any offence, but the aforesaid FIR has been registered by the respondents against him for the commission of offences under Sections 304-A, 337 and 279 RPC. Since the applicant was not driving the vehicle at the time of accident, but soon after the accident of the vehicle in which some passengers including the applicant were travelling, the applicant received the injuries and one of the passengers died on spot and his heirs became furious and extended threats to the petitioner and the petitioner went away from his residence in order to save his life, which otherwise he felt to be danger. The petitioner is a heart patient and due to threats he could not move any bail application before any Court. The petitioner is accused in the aforesaid FIR and the respondent is bent upon to arrest him. Petitioner prays for his bail in the above case and further stated that he shall co-operate with the investigating agency and shall not tamper with any prosecution evidence, if any.
Objections have been filed on behalf of the respondent. The stand taken therein is that the petitioner is involved in offences under Sections 304-A, 337 and 279 RPC, as he was driving his vehicle (Tata Sumo-JK14D-0106), rashly and negligently, thereby causing death of two persons on spot and many others were injured. The accused has committed a heinous offence, so he is not entitled for anticipatory bail.
From the perusal of the Police Report, it is evident that on 18th January, 2018, police of Police Station, Ramsoo, Ramban received information from the reliable sources that at about 3.30 P.M, the driver of the offending vehicle while driving the vehicle in a rash and negligent manner, lost his control and the said offending vehicle fell into 50/60 feet deep gorge, as a corollary of which, two persons died and many others were injured and that the concerned police registered the aforesaid FIR under Sections 304-A, 337 and 279 RPC.
I have considered the rival contention of learned counsel for the parties.
The investigation in the case is complete; after completion of investigation the offences under Sections 304-A, 337 and 279 RPC, 03/181 and 66/192 of the Motor Vehicles Act have been found proved against the accused person. Since the investigation is complete and the accused has already been enlarged on interim bail by this Court vide order dated 07th May, 2018 and there is no adverse report against him that he has violated the condition imposed while granting interim bail, therefore, no useful purpose would be fulfilled to dismiss this petition at this stage. All the accusations are now required to be adjudicated by competent Court during trial. The offences for which accused is charged, are not punishable with death or life imprisonment.
Accordingly, the order dated 07th May, 2018, passed by this Court is made absolute. However, petitioner is further directed not to come in contact with the prosecution witnesses. He shall also attend the investigation as directed by I/O and shall present himself on each & every date during the trial and shall not leave the territorial jurisdiction of Court without prior permission of competent Court. In case of violation of any condition, prosecution may file application for cancellation of bail before competent Court.
Bail Application is accordingly disposed of.