Himachal Pradesh High Court
Pradeep Rana @ Vicky vs State Of Himachal Pradesh on 3 October, 2018
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 1117 of 2018 Decided on: 3rd October, 2018 Pradeep Rana @ Vicky ....Petitioner .
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. Vinod Thakur, Advocate.
For the respondent/State: Mr. Ashwani Sharma and Mr. P.K. Bhatti, Additional Advocates General, with Mr. Rajat Chauhan, Law Officer.
ASI Balbir Singh, Police Station Bhoranj, r District Hamirpur, 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 seeking his release in case FIR No. 106 of 2018, dated 20.07.2018, under Sections 341, 307 and 504 IPC, registered in Police Station Bhoranj, District Hamirpur, 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 prosecution evidence nor in a position to flee from justice, so he may be released on bail.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 03/10/2018 23:00:11 :::HCHP 23. Police report stands filed. As per the prosecution story, on 20.07.2018, at about 03:37 a.m., Medical Officer, CH, Bhoranj, telephonically informed the police that one Amit Kumar (injured) has .
been stabbed by someone. On the basis of the said information, police machinery was set into motion. Police recorded the statement of Shri Abhishek Kumar under Section 154 Cr.P.C. wherein he stated that on 19.07.2018, at about 10:00 p.m., he alongwith injured and other friends went to village Kot for attending a marriage. He has further stated that the petitioner was also present in the marriage. On the intervening night of 19/20.07.2018, at about 02:30 a.m., the petitioner picked up a quarrel with the injured and during the altercation between the them, the petitioner stabbed the injured with a knife. Shri Abhishek Kumar has further stated that he alongwith other friends shifted the injured to CH, Bhoranj. On the basis of the statement, so made by Shri Abhishek Kumar, a case was registered against the petitioner and the investigation ensued. The injured was referred to Dr. RPGMC, Tanda, for further treatment. As per the medical opinion, the injured sustained life threatening injury. Police prepared the spot map and statements of the witnesses were also recorded. The petitioner was arrested on 20.07.2018 and he got recovered the knife, which was used by him for stabbing the injured. Police also sent the samples for forensic analysis. Police recorded the statement of the injured wherein he stated that the petitioner used to call his female ::: Downloaded on - 03/10/2018 23:00:11 :::HCHP 3 friend and when, two months prior to the incident, he raised objection qua this, an altercation took place between him and the petitioner. The petitioner wanted to settle his score with the him, so he attacked him.
.
Lastly, the prosecution has prayed that the bail application be dismissed, as the petitioner has committed a serious offence.
4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully.
5. The learned Counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the case in hand. The petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that the petitioner cannot be kept behind the bars for an unlimited period. Conversely, the learned Additional Advocate General has argued the petitioner has committed a serious offence and in case he is enlarged on bail he may flee from justice any may also tamper with the prosecution evidence. It is prayed that the bail application of the petitioner may be dismissed.
6. At this stage, considering the fact that the injured has been discharged from the hospital after four days, the petitioner is behind the bars for approximately three months, he is resident of the place, neither in a position to tamper with the prosecution evidence, nor in a position to flee from justice, and also considering the fact that ::: Downloaded on - 03/10/2018 23:00:11 :::HCHP 4 the petitioner cannot be kept behind the bars for an unlimited period and also considering the overall material, which is emanating from the records, this Court finds that the present is a fit case where the .
judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Therefore, it is ordered that the petitioner be released forthwith on bail, on his furnishing personal bond to the tune of `50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court, in case FIR No. 106 of 2018, dated 20.07.2018, under Sections 341, 307 and 504 IPC, registered in Police Station Bhoranj, District Hamirpur, H.P. The bail is granted subject to the following conditions:
(i) That the petitioner will appear before the learned Trial Court as and when required.
(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)
3rd October, 2018 Judge
(virender)
::: Downloaded on - 03/10/2018 23:00:11 :::HCHP
5
.
::: Downloaded on - 03/10/2018 23:00:11 :::HCHP