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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
These bail applications under Section 439 Cr.P.C. have been
preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.60/2017, registered at Police Station
Anoopgarh, District Sri Ganganagar for the offences under
Sections 308, 452, 325, 323, 341, 147, 148 and 149 IPC.
Learned counsel for the petitioners contends that the story
put forth in the FIR that the injured Pawan Kumar was abducted
has been found incorrect after investigation. The injured himself
went to the shop of the accused where a quarrel flared up on the
spur of moment. He further contends that X-ray report appears to
have been stage managed by the complainant party because on
viewing the CCTV footage recording saved at the time of the
occurrence, it would be apparent that the injured himself got up
and ran away after the assault which clearly indicates that he
could not have suffered fractures on both legs as projected in the
medical report dated 22.2.2017. He further urges that even if the
prosecution story is accepted, as such, the offence if any would
not travel beyond Section 325 IPC. He thus prays that the
petitioners deserve to be enlarged on bail.
Per contra, learned PP assisted by the I.O. as well as the
learned counsel for the complainant vehemently oppose the
submissions advanced by the petitioners'' counsel. It is pointed out
that the petitioner Deepak Kamra @ Deepu is a habitual offender
and proceedings under Section 122 Cr.P.C. have been initiated
against him. He is alleged to be indulged in recovery of bad loans
by use of force. Thus, they urged that the petitioners should not
be released on bail.
I have considered the arguments advanced at the Bar and
perused the material available on record.
The petitioner Deepak Kamra @ Deepu is a habitual offender
and proceedings have been initiated against him under Section
122 Cr.P.C. Thus, looking to the nature of allegations and his
previous conduct, I am not inclined to enlarge the petitioner
Deepak Kamra @ Deepu on bail at this stage.
Accordingly, the bail application no.3880/2017 preferred on
behalf of the petitioner Deepak Kamra @ Deepu is dismissed.
So far as the petitioners Sahil Kamra @ Manu and Manish
Nagpal @ Mangu are concerned, they have been charge-sheeted
for the above offences, the maximum punishment whereof is
seven years. They do not have any significant criminal
antecedents. Trial is likely to consume time. Thus, having regard
to the facts and circumstances available on record but without
expressing any opinion on the merits of the case, this Court is of
the opinion that the petitioners Sahil Kamra @ Manu and Manish
Nagpal @ Mangu deserve to be released on bail.
Accordingly, the bail applications no.3878/2017 and
3879/2017 preferred on behalf of the petitioners (1) Sahil Kamra
@ Manu and (2) Manish Nagpal @ Mangu under Section 439
Cr.P.C. are allowed and it is directed that the petitioners (1) Sahil
Kamra @ Manu and (2) Manish Nagpal @ Mangu arrested in
connection with the F.I.R. No.60/2017, registered at Police Station
Anoopgarh, District Sri Ganganagar shall be released on bail
provided each of them furnishes a personal bond of Rs.50,000/-
and two surety bonds of Rs.25,000/- each to the satisfaction of
the learned trial court with the stipulation to appear before that
Court on all dates of hearing and as and when called upon to do
so.
A copy of this order be placed in each file.