Vijay Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

FIR No. 223/2020 has been registered against the petitioner on 28.9.2020 in Police Station, Sadar, District Shimla for commission of offences under Sections 186, 189, 182, 307 of Indian Penal Code and Sections 181, 184, 187, 192 and 196 of Motor Vehicles Act. Present petition has been preferred under Section 438 of the Code of Criminal Code for enlargement on bail in the said FIR.

Heard learned Counsel for the parties and gone through the status report.

3(i) As per the status report, the FIR against the petitioner was registered on the basis of statement of Constable Yashpal recorded under Section 154 of Code of Criminal Procedure. The gist of the statement was that while the said Constable was discharging his duties in Police Station, Sadar, Shimla on 28.9.2020 at around 10:01 P.M., the petitioner through his mobile phone informed that one Raj Kumar had thrown sand and crushed stones on the road outside petitioner's home thereby obstructing vehicular movement on the road. Whereafter police personnel including the said Constable reached the spot and found the petitioner sitting inside his Maruti van parked in the middle of the road thereby blocking the passage of the road leading to sabzi mandi. The petitioner was, therefore, requested to park his vehicle on the road side. On this, the petitioner without any rhyme or reason allegedly entered into a brawl with the complainant. The complainant thereafter sat alongside the petitioner in the vehicle and directed him to park his vehicle. Instead of parking the vehicle, the petitioner drove it in a rash and negligent manner endangering life of the complainant. At one particular place, petitioner jumped outside the vehicle leaving the complainant to fend for himself. It was with great difficulty that the complainant managed to put brakes on the vehicle. On the basis of above complaint, the instant FIR was registered.

3(ii) According to the status report, pursuant to the interim protection granted to the petitioner vide order dated 7.10.2020 he has joined the investigation and is cooperating with the same. Status report also reflects that as many as 22 cases have been registered against the petitioner.

Learned Counsel for the petitioner raised the plea of innocence and false implication and has submitted that but for five cases, which are still pending, the petitioner has been acquitted in the remaining cases. He further stated that petitioner will abide by all the terms and conditions which may be imposed by this Court in case the interim protection granted on 7.10.2020 is confirmed.

Learned Additional Advocate General has stated that though the petitioner has now joined the investigation and is cooperating with the same. However, in case the Court is inclined to confirm the interim protection in favour of the petitioner, the same may be made subject to stringent conditions.

As per the status report, the petitioner has complied with the directions issued on 7.10.2020 He has joined the investigation and is cooperating with the investigating agency. Investigation is stated to be almost complete. Considering the nature of the accusations levelled against the petitioner, the mode and manner of commission of the offences alleged against him and the invstigation carried out in the matter, no fruitful purpose will be served in keeping the petitioner behind the bars.

He is permanent resident of Guga Madi, Krishna Nagar, Shimla, thus his presence can be ensured in the trial. However, keeping in view the criminal history of the petitioner, a stringent condition is being imposed upon him that in case in future he is found to be involved in any FIR, then instant bail is liable to be cancelled and it will be open for the investigating agency to move appropriate application in this regard. Accordingly, the interim protection granted vide order dated 7.10.2020 is confirmed subject to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:

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

(iv) 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 of launching of prosecution, petitioner 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.

(vii) In case in future the petitioner is found to be involved in any FIR, then instant bail is liable to be cancelled and it will be open for the investigating agency to move appropriate application in this regard.

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 above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.