Mukesh Dhanaik vs State of Himachal Pradesh

Sanjay Karol, J.—Inspector Kanshi Ram, S.H.O., Police Station, Chopal District Shimla, H.P. is present alongwith record. Record perused and returned. Fresh status report filed and taken on record. In this application filed u/s 439 of the Criminal Procedure Code, 1973, petitioner Mukesh Dhanaik, who stands arrested on 9.9.2013 and since then is in judicial custody, is seeking regular bail in relation to F.I.R. No. 44/13, dated 6.9.2013, registered at Police Station, Chopal, District Shimla, H.P., under the provisions of Sections 326A, 326B and 354D of the Indian Penal Code.

As per the case of prosecution, petitioner allegedly threw acid on the complainant and thereby committed serious and heinous offence. According to the petitioner, he stands falsely implicated. According to him, the school had organized a function for celebrating the Teacher's Day and at the time of alleged incident, he was in fact performing an event.

It is seen that there are no permanent marks on the body of the complainant. Allegation of the complainant that petitioner has been stalking her in the past is now subject matter of trial. Petitioner is a young boy and has a bright academic future. It is also seen that petitioner has been maintaining good conduct. His academic record is good. His general behaviour and moral character has been certified to be good all throughout. He is cooperative amongst the students and his academic performance in the past has been good. He has to undertake his Class 12th Examination to be held in March, 2014. Practicals for the same are to commence from 20th December, 2013.

Having heard learned counsel for the parties as also perused the record, I am of the considered view that petitioner has made out a case for grant of regular bail.

Keeping in view the entire attending circumstances, including the gravity of offence, punishment, in the event of petitioner being convicted as also the fact that petitioner has to undertake his examination and taking a holistic view of the matter, I am of the considered view that petitioner has made out a case in his favour.

Petitioner's custodial interrogation is no longer required as investigation is complete and Challan stands filed.

Keeping in view the aforesaid attending circumstances, petition is allowed and petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Shimla, District Shimla, H.P. It is clarified that petitioner shall not tamper with the prosecution evidence, try to influence the witnesses or in any manner conduct himself as to disentitle him from the discretionary power. Also, he shall always make himself available during trial. Learned Chief Judicial Magistrate is directed to comply with the directions issued by the High Court, vide letter No. HHCVIG/Misc. Instructions/93-IV-7139, dated 18.3.2013. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.

With the aforesaid observations, present petition stands disposed of.

Copy Dasti.