Firoz And Others vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

On the basis of a complaint lodged by Shri Dhanveer Singh, Forest Guard, deputed at Yamuna Beat, Bhangani Range, Paonta Sahib, District Sirmour, FIR No. 62/20, dated 19.5.2020 was registered against the petitioners at Police Station, Puruwala, District Sirmour under Sections 353, 332, 333, 379 and 34 of Indian Penal Code and Section 21 of Mines and Mineral (Regulation & Development) Act, 1957. Petitioners in all these petitions have prayed for release on bail in this FIR. Being inter connected, these are taken up together for adjudication.

3(i) As per status report, the complainant had alleged that on 19.5.2020 at around 7:00 a.m. while patrolling his jurisdictional area of Yamuna beat in Bhangani range of Tehsil Paonta Sahib along with his co-worker, a blue coloured Sonalika tractor in which sand was being filled was noticed. The moment the Forest Guards reached near the tractor, it was driven away from the spot. Stones were pelted from the tractor on the Forest Guards. One stone hit the complainant on his head causing him serious injuries, thereby obstructing him in performing his official duties. On such allegations made in the complaint, the instant FIR was registered.

3(ii) Complainant was medically examined on 19.5.2020 itself. According to the final opinion on his MLC rendered on 20.5.2020, the nature of the injury suffered by him was determined as grievous.

3(iii) During investigation search for petitioner and two others namely Isran (petitioner in bail petition No. 1079 of 2020) and Manoj Kumar (petitioner in bail petition No. 1081 of 2020) was carried out in Vikas Nagar, Navab Gardh, Dak Pathar in State of Uttrakhand. All the petitioners were found on 20.5.2020 at Dactorganj, Vikas Nagar, Uttrakhand. They were brought for interrogation to the Police Station, Puruwala, where they were identified as such by the complainant Dhanveer Singh and the other spot witnesses. Statements were recorded under Section 161 Cr.P.C. R/C, I/C and D/C produced by petitioner Isran in respect of Tractor No. UK07CB-7024 were taken in possession.

3(iv) According to the status report, petitioner Isran was found to be involved in (i) case No. 52/2017 registered under Sections 379, 411 of Indian Penal Code and Sections 3 and 4 of Mines and Mineral (Regulation & Development) Act and in (ii) case No. 187/17 registered under Sections 147, 332, 353, 504 and 506 of Indian Penal Code registered at Police Station, Vikas Nagar, Uttrakhand. Petitioner Manoj Kumar is facing (i) case No. 134/17 under Sections 379, 411 of Indian Penal Code and Section 3 and 4 of Mines and Mineral (Regulation & Development) Act as well as (ii) case No. 207/17 registered under Section 354 of the Indian Penal Code and Sections 7 and 8 of POCSO Act registered at Police Station, Vikas Nagar, Uttrakhand. All these cases as yet are under consideration in the court of competent jurisdiction.

3(v) Report from State Forensic Science Laboratory, Junga ('SFSL' in short) in respect of sand specimen recovered from Sonalika tractor driven by petitioner Isran for its comparison with specimen sample obtained from the spot in question, which on the identification of the complainant was demarcated and ascertained as recorded Reserve Forest on government land, is yet to be received from SFSL. The investigation in the case is complete and nothing else is to be recovered from the petitioners. Challan is stated to be ready for its presentation before the competent court.

The previous bail petitions preferred by all the three petitioners have been rejected by learned Judicial Magistrate Ist Class, Paonta Sahib as well as by learned Additional Sessions Judge, Sirmour district at Nahan.

Learned counsel for the petitioners has taken the plea of innocence and false implication by pointing out every aspects from the status report. Learned counsel has further submitted that the petitioners are in custody ever since 20.5.2020. Investigation in the case is almost complete. Nothing is recovered from the petitioners. They are ready and willing to abide by all the terms and conditions which may be imposed upon them in case grant of bail. Learned Assistant Advocate General opposed the grant of the bail on the ground that the petitioners Isran and Manoj Kumar have past criminal history. All the petitioners are involved in committing theft of mineral from government land as well as in causing grievous injury to the complainant, a Forest Guard.

Though a detailed analysis of facts while considering the bail petition is to be avoided lest it causes prejudice to the case of either of the parties, however, at this stage, what becomes noticeable from the status report is that the complaint was with the allegations of commission of theft of mineral from the government land and pelting of stones from inside the tractor. One of the stones hit the complainant, causing him grievous hurt, while he was discharging his official duties. Complainant had not given the number of offenders or that they belonged to State of Uttrakhand. In the face of such allegations, how the Investigating Agency determined the number of offenders as three and how the Investigating Agency determined that all those three personnel belonged to Uttrakhand and finally located them in Dactorganj, Vikas Nagar, Uttrakhand, all becomes intriguing. The complainant has alleged pelting of stones by the occupant of the tractor and further being hit on his head by one such stone. Whether all the three petitioners had conspired together to pelt stones or not, who pelted stone which caused grievous hurt to the complainant are questions required to be adjudicated during trial. The investigation of the case is almost complete and the challan has been prepared for presentation before the competent court. Petitioners are in custody for about two months now. No fruitful purpose will now be served in continuing the petitioners in custody. Accordingly, instant petitions are allowed. However, one stringent condition is being imposed upon them that in case the petitioners are found to be involved in any FIR registered for offences under Mines and Mineral (Regulation & Development) Act read with offences under Indian Penal Code, then the instant bail is liable to be cancelled and this shall also be considered as a negative factor for considering their future bail applications, if any.

In view of the foregoing observations, the present bail petitions are allowed. Petitioners are ordered to be released on bail on furnishing personal bonds of Rs. 50,000/- each with one local surety each in the like amount to the satisfaction of learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:

(i) Petitioners are directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. They shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioners shall not temper 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 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) In case of launching by prosecution, petitioners shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) 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 their Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter.

With the aforesaid observations, the present petitions stand disposed of, so also the pending miscellaneous applications, if any.

The parties shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court. However, the Registry is directed to send coy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so required.