Himachal Pradesh High Court
Jasveer vs State Of Himachal Pradesh on 30 July, 2019
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 1337 of 2019 Decided on: 30th July, 2019 Jasveer ....Petitioner .
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 Yes.
For the petitioner: Mr. Daleep Singh Kaith, Advocate.
For the respondent/State: Mr. Shiv Pal Manhans and Mr. P.K. Bhatti, Additional Advocates General with Mr. Raju Ram Rahi, Deputy Advocate General.
HC Rajesh Kumar No. 172, I.O. Police Station Rampur, District Shimla, H.P. ______________________________________________________________________ Chander Bhusan Barowalia, Judge. (oral).
The present bail application has been moved by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 98 of 2019, dated 09.07.2019, under Sections 324 and 504 IPC, registered in Police Station Rampur, District Shimla, H.P.
2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 29/09/2019 01:30:53 :::HCHP 2prosecution evidence nor in a position to flee from justice, so he may be released on bail.
3. Police report stands filed. As per the prosecution story, on .
09.07.2019, Shri Rajinder Singh (complainant) made a written complaint with the police and alleged that on 08.07.2019, at about 10:30 p.m., when he was with Kamla Nand, Ram Singh, Satish Kumar and Chuda Ram, the petitioner came there and started abusing them, so a scuffle took place. As per the complainant, the petitioner used racial remarks. After some time the petitioner came with 810 persons and thrashed him. The complainant was rescued by Shri Ram Singh and Shri Kamla Nand. On the complaint, so filed by the complainant, police registered a case and the investigation ensued. Police recorded the statements of the witnesses and spot map was prepared. It has come in the investigation that the petitioner used word "daagi". It has also come in the police investigation that there had been a quarrel between the complainant and the petitioner, but no racial remarks were used by the petitioner. As per the police, the petitioner is not disclosing the names of other persons who were involved in the quarrel, so the investigation in the matter is going on. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the investigation is still going on and in case the petitioner is released on bail, he may tamper with the prosecution evidence and may also flee from justice.
::: Downloaded on - 29/09/2019 01:30:53 :::HCHP 34. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the reports of the police, carefully.
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5. The learned Counsel for the petitioner has argued that the petitioner is innocent and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is resident of the place, so he may be released on bail. He has further argued that the petitioner is joining and cooperating in the investigation. Conversely, learned Additional Advocate General, has argued that the petitioner was found involved in an offence, which is serious in nature and in case at this stage he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, as the investigation is still going on. He has further argued that at this stage the petitioner may not be released on bail and his application be dismissed.
6. At this stage, considering the facts that the petitioner is joining and cooperating in the investigation, the fact that it has come in the investigation that the petitioner did not use any racial remarks, the manner in which the offence is alleged to have been committed, the fact that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is resident of the place and also considering the overall material, which ::: Downloaded on - 29/09/2019 01:30:53 :::HCHP 4 has come on record, and without discussing the same at this stage, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail, in the event of his arrest, is .
required to be exercised in his favour. Under these circumstances, it is ordered that the petitioner be released on bail, in the event of his arrest, in case FIR No. 98 of 2019, dated 09.07.2019, under Sections 324 and 504 IPC, registered in Police Station Rampur, District Shimla, H.P., on his furnishing personal bond to the tune of `20,000/ (rupees twenty thousand only) with one surety in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following conditions:
(i) That the petitioner will join investigation of the case as and when called for by the Investigating Officer in accordance with law.
(ii) That the petitioner will not leave India without prior permission of the Court.
(iii) That the petitioner 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 Investigating Officer or Court.
7. In view of the above, the petition is disposed of.
Copy dasti.
(Chander Bhusan Barowalia)
30 th
July, 2019 Judge
(virender)
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