AI Structured Summary
Not yet generated for this judgment
Judgment
Kuldip Singh, Judge
This is an application, u/s 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 107/11 dated 4.11.2011, registered at Police Station, Gagret, District Una, under sections 452, 326, 353, 333, 506 IPC. It has been stated that FIR has been registered at the instance of Om Parkash on the allegations that on 4.11.2011 when he was in his beet as forest guard, he noticed one tractor in the khud. The tractor appeared to be owned by the petitioner. It has been alleged that complainant asked the tractor driver that loading of stones was illegal and on this the tractor was taken away by the driver. It has been alleged that around 8.30 p.m., when the complainant was in his house, the petitioner came there and threatened him who was he to disallow him to extract the stones. It has been alleged that petitioner picked up pressure cooker and hit the complainant over his face as a result of which the complainant sustained injury. The anticipatory bail application filed by the petitioner was rejected on 15.11.2011 and he was taken into custody on 17.11.2011 and since then he is in custody.
It has been stated that petitioner is innocent, he has committed no offence. The present case is the outcome of enmity and rivalry. The investigation in the case is complete and challan has been submitted in the court. The prayer has been made for releasing the petitioner on bail. It has been stated that petitioner is ready to furnish bail bonds in accordance with the directions of this Court.
The status report has been filed. It has been stated that case has been registered on the statement recorded u/s 154 Cr.P.C. of the complainant on 4.11.2011. It has been alleged that petitioner hit the complainant on 4.11.2011 with the lid of pressure cooker at about 8.15 p.m. for the reasons that in the morning the complainant did not allow the loading of stones in the tractor of the petitioner from reserved forest. It has been stated that petitioner was arrested on 17.11.2011. The bail application of the petitioner has been dismissed by learned Addl. Sessions Judge, Una on 27.12.2011, another bail application of the petitioner has been dismissed by the learned Addl. Sessions Judge, Fast Track Court, Una on 10.2.2012. It has been submitted that petitioner is an accused in FIR No. 29/06 dated 26.2.2006 U/S 436/34 IPC (2) Case FIR No. 09/07 Dt. 12.1.07 U/S452/323/336/506/34 IPC (3) Case FIR No. 103/07 Dated 1`3.7.07 U/S 325/323/34 IPC. The prayer has been made for rejection of bail application.
Heard and perused the record. It has been stated by the Learned Counsel for the petitioner that petitioner has already been acquitted in all the three previous cases referred in the status report. The petitioner is in custody since 17.11.2011. The challan has already been submitted in the court. It is not certain how much time the trial will take. In these circumstances, it will be unnecessary to keep the petitioner in custody for indefinite period. Thus taking into consideration over all facts and circumstances of the case, the petitioner has made out a case for grant of bail u/s 439 Cr.P.C. in his favour.
In view of above, the petition is allowed and petitioner is ordered to be released on bail in FIR No. 107/11 dated 4.11.2011, registered at Police Station, Gagret, District Una, under sections 452, 326, 353, 333, 506 IPC on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of Judicial Magistrate Ist Class (II), Amb with the conditions that petitioners shall not terrorise, overawe any prosecution witness nor tamper with the prosecution evidence in any manner. He shall maintain absolute peace and lawful conduct during the pendency of the case. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. Both the applications stand disposed of.