Ramandeep Singh vs State Of Himachal Pradesh

Ajay Mohan Goel, J

Status report has been filed, which is perused and ordered to be taken on record.

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 168 of 2020, dated 02.10.2020, registered under Sections 302, 342, 364, 201 read with Section 34 of the Indian Penal Code, at Police Station Indora, District Kangra, H.P.

Learned Counsel for the petitioner has informed the Court that other co-accused already stand released on bail by the Court of learned Additional District Judge, Kangra, District Kangra, H.P. Learned Counsel further submitted that the FIR was registered on 02.10.2020 and the petitioner is in custody since the lodging of the FIR. He further informed the Court that the trial is at the stage of recording the statements of the prosecution witnesses and the same is likely to take some more time. Accordingly, she submits that taking into consideration the fact that the main assailants already stand released on bail by the Court of learned Additional District Judge, Kangra, District Kangra, H.P. and that the petitioner is in custody for more than three years, it would be in the interest of justice, in case, this petition is allowed and the petitioner is ordered to be released on bail.

Learned Additional Advocate General has opposed the bail petition on the ground that taking into consideration the gravity of the offence alleged against the petitioner, no case for grant of bail is made out. However, he could not dispute the fact that the other three accused have already been released on bail by the Court of learned Additional District Judge, Kangra, District Kangra, H.P..

Having heard learned Counsel for the petitioner as also learned Additional Advocate General and taking into consideration the fact that the other co-accused have already been released on bail by the Court of learned Additional District Judge, Kangra, District Kangra, H.P., this Court is of the considered view that it would be in the interest of justice, in case, this petition is allowed and the petitioner is ordered to be released on bail, because it is not the case of the State at this stage that the culpability of the petitioner was much more than those who have been released on bail.

Accordingly, this petition is allowed on the ground that the petitioner has been in custody for more than three years and there is no possibility of the trial being completed in near future. The petitioner is ordered to be released on bail in FIR No. 168 of 2020, dated 02.10.2020, registered under Sections 302, 342, 364, 201 read with Section 34 of the Indian Penal Code, at Police Station Indora, District Kangra, H.P., subject to his furnishing personal bail bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of concerned Chief Judicial Magistrate/ Additional Chief Judicial Magistrate/Judicial Magistrate First Class. The petitioner shall also abide by the following conditions:-

(a) He 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;

(b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

(d) He will not leave the territorial jurisdiction of the Trial Court without the leave of the Court.

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.