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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.