Sanjay Kumar vs State of H.P.

V.K. Sharma, J.—Status report along with investigation record produced and perused.

Heard. On the allegations that the petitioner (accused) with a view to protect the crops sown by him in his agricultural land had fenced the said land with barbed wires and had electrified those wires with electric current so that any attempt by wild animals to enter the land is foiled, however, unfortunately deceased Smt. Vidya Devi came in contact with the electrified barbed wires, which ultimately resulted in her death in the hospital, he (accused) has been booked by the police of Police Station, Jawalamukhi, District Kangra H.P. for the offence u/s 304 IPC vide FIR No. 45/14 dated 28.2.2014. He was arrested on 28.2.2014 and is presently lodged in judicial custody.

The accused is seeking bail by placing reliance upon the law laid down by the Hon''ble Apex Court in Cherubin Gregory Vs. The State of Bihar, , which lays down that in a case of the present nature, the offence amounts to causing death by negligence u/s 304A IPC and not culpable homicide not amounting to murder u/s 304 IPC.

The prayer for bail is opposed on the ground that the accused is a clever and influential person and in case he is released on bail, he may terrorize the witnesses.

Brief facts of the case and the respective contentions on behalf of the parties stand noticed. However, without going into an elaborate discussion of the same, so as to obviate the possibility of any prejudice being caused to either case on behalf of the parties, I am satisfied that taking into consideration facts and circumstances of the case and on an overall view of the matter and particularly the fact that the accused has already undergone incarceration for over three months at the investigation stage and shall have to face trial for the offence alleged against him, it shall not be unsafe to admit him to bail. Ordered accordingly. However, it shall be subject to the petitioner furnishing a personal bond in the sum of Rs. 50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Sessions Judge/the concerned Additional Sessions Judge, Kangra at Dharamshala. The bail order shall be subject to the following conditions:-

i) that the petitioner shall appear to face trial as and when the same commences;

ii) shall not either tamper with the prosecution evidence or hamper investigation in any manner, whatsoever;

iii) shall not directly or indirectly give any inducement or threat to any person acquainted with facts of the case, so as to dissuade him/her to state about those facts in the court;

iv) shall keep peace and be of good behavior during investigation and trial of the case; and

v) shall not leave India without prior permission of the learned trial court till the trial concludes.

The petition stands disposed of.