Himachal Pradesh High Court
Nishant Sharma Son Of Sh. Desh Raj Sharma vs State Of H.P. ....Non-Applicant on 4 May, 2015
Author: P.S. Rana
Bench: P.S. Rana
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) No. 360 of 2015
Order Reserved on 23rd April,2015
.
Date of Order 4th May, 2015
________________________________________________________
Nishant Sharma son of Sh. Desh Raj Sharma ....Applicant
Versus
State of H.P. ....Non-applicant
________________________________________________________
Coram
The Hon'ble Mr. Justice P.S. Rana, J.
Whether approved for reporting?1 Yes.
__________________________________________________________ For the Applicant: Mr. Jitender P. Ranote, Advocate.
For the Non-applicant: Mr. J.S.Rana, Assistant Advocate General.
P.S. Rana, Judge.
Order:- Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 28 of 2015 dated 5.3.2015 registered under Sections 341, 323, 395, 367, 147, 148, 149, 120-B IPC at P.S. Nadaun, District Hamirpur (H.P.) 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 18:06:08 :::HCHP 22. It is pleaded that applicant is not directly connected with criminal offence and applicant has been implicated in false case. It is pleaded that age of applicant .
is 20 years and applicant is studying in the last semester at Government Industrial Training Institution Rail District Hamirpur and his final examination scheduled to be held in the month of July 2015. It is pleaded that if applicant is not released on bail then applicant will not be in position to appear in examination and career of applicant would be ruined. It is pleaded that learned Sessions Judge Hamirpur has rejected the bail application of applicant. It is further pleaded that investigation is complete and no recovery is to be effected from applicant and applicant would not tamper with prosecution witnesses in any manner and would abide by terms and conditions imposed by Court. Prayer for acceptance of bail application sought.
3. Per contra police report filed. As per police report, FIR No. 28 of 2015 dated 5.3.2015 registered under Sections 341, 323, 395, 367, 147, 148, 149 and 120-B of Indian Penal Code at Nadaun District Hamirpur (H.P.) against the applicant. There is recital in police ::: Downloaded on - 15/04/2017 18:06:08 :::HCHP 3 report that on dated 4.3.2015 at about 10.10 PM information received that one person was brought for his medical treatment in CHC Sujanpur. There is recital in .
police report that Deep Sharma is taxi driver by profession and owner of vehicle No. HP-01-H-1316. There is recital in police report that on dated 4.3.2015 when Deep Sharma reached outside his house then two boys aged 20-25 years told him that they would go to Chabutra. There is recital in police report that Deep Sharma took those two boys to Chabutra in his vehicle and thereafter accused persons told Deep Sharma to take them to Karot in his vehicle. There is further recital in police report that thereafter Deep Sharma brought the accused persons to Karot and thereafter accused persons told Deep Sharma to take them to Jihan in his vehicle. There is recital in police report that thereafter when Deep Sharma and accused persons reached at Bhou road accused persons directed Deep Sharma to stop his vehicle. There is further recital in police report that thereafter Deep Sharma was dragged outside from vehicle and was beaten with sticks and fist blows. There is also recital in police report that ` 10,000/- (Rupees ten thousand only) of Deep Sharma ::: Downloaded on - 15/04/2017 18:06:08 :::HCHP 4 could not be traced out. There is recital in police report that matter was investigated and Deep Sharma was medically examined and as per report Deep Sharma had .
sustained fifteen injuries on his body. As per further police report the site plan was prepared and statements of prosecution witnesses recorded under Section 161 Cr.P.C.
There is further recital in police report that two sticks were also recovered as per Section 27 of Indian Evidence Act and `1000/- (Rupees one thousand only) were also recovered as per disclosure statement given by accused.
There is recital in police report that Gurdev Singh raised alarm and thereafter when Gurdev Singh raised alarm accused persons fled away. There is further recital in police report that as per MLC report Deep Sharma had sustained simple injuries. There is recital in police report that in case applicant is released on bail then applicant would threat the prosecution witnesses. Prayer for dismissal of bail application sought.
4. Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate General appearing on behalf of the non-applicant and also perused the record.
::: Downloaded on - 15/04/2017 18:06:08 :::HCHP 55. Following points arise for determination in this bail application:-
1. Whether bail application filed under Section 439 Cr.P.C. by applicable is liable .
to be accepted as mentioned in
memorandum of grounds of bail
application?
2. Final Order.
Findings on Point No.1
6. Submission of learned Advocate appearing on behalf of r applicant that applicant is innocent and applicant did not commit any criminal offence cannot be decided at this stage. Same fact will be decided when case shall be disposed of on merits after giving due opportunity to both the parties to lead evidence in support of their case.
7. Another submission of learned Advocate appearing on behalf of the applicant that any condition imposed by Court will be binding upon the applicant and applicant is student and his career would be spoiled in case he would not be in position to appear in last semester of final examination and on this ground bail application be allowed is accepted for the reasons ::: Downloaded on - 15/04/2017 18:06:08 :::HCHP 6 hereinafter mentioned. At the time of granting bail following factors are considered. (i) Nature and seriousness of offence (ii) The character of the evidence .
(iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration). Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. It was held in case reported in 2012 Cri. L.J. 702 Apex Court DB 702, titled Sanjay Chandra vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial. It was held that grant of bail is the rule and committal to jail is exceptional. It was held that refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution. It was further held that accused should not be kept in jail for an indefinite period. It is well settled law that accused is presumed to be innocent till convicted by competent Court of law. In view of the fact that applicant is student and in view of the fact that applicant would appear in ::: Downloaded on - 15/04/2017 18:06:08 :::HCHP 7 examination of last semester Court is of the opinion that it is expedient in the ends of justice to allow the bail application filed by applicant. It is held that if applicant is .
released on bail then investigation of case will not be adversely effected.
8. Submission of learned Additional Advocate General appearing on behalf of non-applicant that if bail is granted to applicant then applicant will induce, threat and influence the prosecution witnesses and on this ground bail application be declined is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that conditional bail will be granted to applicant and condition will be imposed in the bail order to the effect that applicant will not induce and threat the prosecution witnesses. Court is of the opinion that if applicant will flout the terms and conditions of bail order then non-applicant will be at liberty to file application for cancellation of bail in accordance with law under Section 439(2) of Code of Criminal Procedure 1973. In view of above stated facts point No.1 is answered in affirmative.
::: Downloaded on - 15/04/2017 18:06:08 :::HCHP 8Point No.2 (Final order)
9. In view of my findings on point No.1 bail application filed by applicant under Section 439 Cr.P.C. is .
allowed subject to furnishing personal bond to the tune of Rs. 1 lac (Rupees one lac only) with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That the applicant will join the investigation of case whenever and wherever directed by Investigating Officer in accordance with law.
(ii) That applicant will attend the proceedings of learned trial Court regularly till conclusion of trial of case. (iii) That applicant will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.
(iv) That the applicant will not leave India without the prior permission of the Court. (v) That applicant will give his residential address in written manner to the Investigating Officer and Court so that applicant can be located in short notice. (vi) That applicant will not commit similar offence qua which he is accused. Observations made in this order will not effect the merits of case in any ::: Downloaded on - 15/04/2017 18:06:08 :::HCHP 9 manner and will strictly confine for the disposal of bail application filed under Section 439 of Code of Criminal Procedure 1973. All pending application(s) if any also .
disposed of. Bail petition filed under Section 439 of Code of Criminal Procedure stands disposed of.
(P.S.Rana),
May 04,2015(m s) Judge.
r to
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