Subhash Chand vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner seeks regular bail in FIR No.16/2022, registered on 19.01.2022, under Sections 353, 332 and 333 of the Indian Penal Code at Police Station Jogindernagar, District Mandi.

The prosecution case against the petitioner is that the above numbered FIR was registered on the basis of statement of one Kartar Chand recorded under Section 154 of the Code of Criminal Procedure on 19.01.2022. Kartar Chand stated that:-

2(i). He was employed as Mining Guard in Jogindernagar Division. On 19.01.2022, he alongwith Assistant Mining Inspector had placed a barricade on Chauntra-Bajgarh Bridge, District Bilaspur (NH 154) for checking illicit mining activities.

2(ii). At around 8:30 pm, a blue coloured Tractor came from Jogindernagar side. The tractor was full of sand. The sand was apparently extracted from the river bed. The tractor was signalled to stop. It was being driven by the bail petitioner, who was known to him (Kartar Chand). Kartar Chand demanded ‘M Form’ from the bail petitioner. The moment the official went near the tractor, the bail petitioner started the tractor. To save himself, Kartar Chand caught hold of the tractor trolley. In the process, he was dragged for about 50 feet. The bail petitioner in this manner fled from the spot and drove away the tractor. Kartar Chand also stated that he could not read the number of the tractor and suffered injuries in the incident.

On the basis of above statement, the FIR was registered and investigation ensued. MLC of the complainant was obtained. Nature of injury suffered by the complainant was opined as ‘grievous’. This led to insertion of Section 333 IPC in the FIR. During investigations, bail petitioner was summoned in the police station. He was identified by the complainant Kartar Chand. The tractor in question was also impounded. The bail petitioner was arrested on 19.01.2022.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case. He is not at all connected with the commission of offences alleged against him. The petitioner is permanent resident of District Mandi and belongs to respectable family. Learned counsel further submits that there is no possibility of petitioner escaping from justice or jumping the bail in case he is enlarged on bail and further the petitioner will abide by all the terms and conditions, which may be imposed upon him by this Court.

Learned Additional Advocate General submitted that the petitioner does not deserve to be enlarged on bail as he had assaulted and deterred the public servants from discharging their official duties.

I have heard learned counsel for the parties and perused the status report.

According to the status report, the complainant/ official had prior acquaintance with the bail petitioner. The complainant had not been able to note down the tractor number even though the tractor had come to a halt after having been signalled to stop. Be that as it may. These are the aspects to be appreciated during trial after leading cogent and sufficient evidence. As per the status report, the investigation in the matter is already over and only the police report remains to be presented before the Court of competent jurisdiction. No criminal record of the petitioner is indicated in the status report. Petitioner is aged 43 years and is resident of Village and Post Office Dohag, Tehsil Sundernagar, District Mandi, H.P., therefore, his presence can be ensured in the trial. He is in custody since 19. 01.2022. Status report does not seek further custodial interrogation of the petitioner. In the facts and circumstances, his further detention will not serve any cause. Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned, subject to the following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.

Copy dasti.