Himachal Pradesh High Court
Sunil Kumar @ Robin vs State Of H.P on 4 May, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CRMP(M) No.780 of 2023 Reserved on 28.04.2023 .
Decided on: 04.05.2023 Sunil Kumar @ Robin ........Petitioner Versus State of H.P .......Respondent Coram The Hon'ble Mr. Justice Virender Singh, Judge Whether approved for reporting?
For the petitioner : Mr. Sanjeev Kumar Suri, Advocate.
For the respondent : Ms. Sharmila Patiyal, Additional r Advocate General, Mr. Rohit Sharma, Mr. Arsh Rattan & Mr. Ayushi Negi, Deputy Advocate Generals along with I.O.P.P. Jol, P.S. Bangana, District Una, H.P. Virender Singh, Judge Applicant-Sunil Kumar @ Robin has filed present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for releasing him on bail, during the pendency of the trial, in case FIR No.28 of 2020 dated 05.04.2020 registered with Police Station Bangana, District Una, ::: Downloaded on - 04/05/2023 20:39:53 :::CIS H.P. under Sections 302, 188 and 34 of the Indian Penal Code (hereinafter referred to as 'IPC').
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2. According to the applicant, he has falsely been implicated, in this case, with an ulterior motive due to the prior animosity between the families. According to him, the Investigating Agency could not collect any evidence to connect the accused (applicant) with the
3. to crime, for which, he has been arrested by the police.
As per the applicant, the investigation, in the present case, is complete and no useful purpose would be served by keeping him in judicial custody.
4. Highlighting this fact, it has been pleaded in the application that the challan, in the present case, has been filed by the Police in the Competent Court of Law.
5. The applicant has earlier tried his luck by moving the application under Section 439 Cr.P.C., before this Court bearing Cr.M.P(M) No.240 of 2021, which was dismissed as withdrawn, vide order dated 19.03.2021. Thereafter, he has again filed an application ::: Downloaded on - 04/05/2023 20:39:53 :::CIS before this Court, under Section 439 Cr.P.C., bearing Cr.M.P.(M) No.171 of 2023 which was dismissed as .
withdrawn on 24.01.2023.
6. Learned counsel appearing for the applicant has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is released on bail by this Court, during the
7. to pendency of the case before trial Court.
When put on notice, the police filed the status report disclosing therein that on 04.04.2020, the police received the information with regard to the admission of an injured in Regional Hospital, Una, who, allegedly has sustained injuries in a quarrel, upon which, Head-
Constable-Pritam Chand No.47, I.O PP Jol, along with other police officials, reached at Regional Hospital, Una.
Head Constable-Pritam Chand No.47, thereafter has informed ASI-Surjeet Singh regarding the fact that Parveen Kumar, son of Gurcharan Dass R/o Village Panjoda, Post Office Chowki Minar, Tehsil Bangana, District Una, Himachal Pradesh was brought to Regional ::: Downloaded on - 04/05/2023 20:39:53 :::CIS Hospital, Una for treatment, as he, has suffered injuries in a quarrel in the village. However, the said person was .
declared as dead by the Medical Officer. The dead body has been kept in the Mortuary in Una.
8. Upon this information, ASI-Surjeet Singh, Incharge P.P. Jol along with other police officials, has reached at Village Panjoda where, wife of the deceased
9. to got recorded her statement under Section 154 Cr.P.C.
Promila Devi-complainant has got recorded in her statement under Section 154 Cr.P.C. disclosing therein that he and deceased were blessed with two children. Her husband-Parveen Kumar was working as a Plumber in Private Sector at Una. On 04.04. 2020 at about 5:30 PM, the complainant, as well as, her husband went to their Cowshed, where Rahul, son of Manohar, was found digging a trench and throwing the waste in their field, upon which, her husband had objected, upon which, Rahul has proclaimed that he will throw the waste and started abusing him and also threatened him to kill with spade, upon which, the complainant had ::: Downloaded on - 04/05/2023 20:39:53 :::CIS requested her husband not to quarrel with him. As per the version of the complainant, when she was bringing .
her husband back to their home, meanwhile, Rahul had inflicted the spade blow on the head of her husband, upon which, her husband fell down and blood started oozing out of his head. Meanwhile, from the house of Rahul, his younger brother Vinod alias Bunty reached
10. to their along with the sword.
It is her further case that Sunil Kumar alias Robin (applicant), S/o Rakesh Kumar along with Vipin Kumar S/o Sh. Mehar Singh also reached there having dandas in their hands. Both of them had beaten the husband of the complainant with the help of the Dandas, upon which, her husband became unconscious.
Thereafter, the brother-in-law of the complainant and her mother-in-law reached there. Suresh alias Sunny, who is her Chacha Sasur, reached at the spot along with the vehicle. Thereafter, the injured was taken to Regional Hospital for his treatment. According to the complainant, she came to know about the death of her ::: Downloaded on - 04/05/2023 20:39:53 :::CIS husband. According to her, her husband died due to the beatings given to him by Rahul, Vinod alias Bunty, .
Vipin(applicant) and Robin.
11. On the basis of above facts, FIR under Sections 302, 34 IPC was registered and the criminal machinery swung into motion.
12. Thereafter, by making the request to the Medical Officer, the Post Mortem examination of the deadbody was conducted and the Doctor has opined that the deceased died due to head injury.
13. From the spot, physical evidence was collected. The complainant has also handed over two blood stained dandas, which are stated to be weapon of offence to the police, which were taken into possession by the Police. Blood stained dupatta was also taken into possession. Later on, provisions of Section 188 IPC was also added in this case.
14. All the accused were arrested on 05.04.2020.
All of them were medico-legally examined at Civil ::: Downloaded on - 04/05/2023 20:39:53 :::CIS Hospital, Bangana. During the investigation, as per the status report, accused Rahul and Vinod has made the .
statements, under Section 27 of the Evidence Act, and got recovered the iron spade and sword, in pursuance to their disclosure statements.
15. It is the specific case of the Police, in this status report, that there was a land dispute between the parties which has resulted into daily scuffle/abuses between them. Civil Suit is also stated to be pending in the Court at Una. Police has also mentioned about the case, which was registered against the deceased on 04.04.2020, vide FIR No.29 of 2020, under Section 326 IPC. However, the Police has submitted the closure report, in that case, on 30.05.2020. The investigation, in the present case, is stated to be completed by the Police and challan has been prepared, which is submitted in the Court on 01.07.2020. The charges have been framed against the accused and as per the status report filed on 21.04.2023, 14 witnesses have already been examined, in this case, by the prosecution.
::: Downloaded on - 04/05/2023 20:39:53 :::CIS16. On the basis of above facts, a prayer for dismissal of the application has been made.
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17. The role allegedly played by the applicant in the commission of the alleged offences will be proved by the prosecution after the trial and as such, no useful purpose would be served by keeping the applicant in the judicial custody as pre-trial punishment is prohibited under the law. In other words, it can be said that bail application cannot be rejected as a matter of punishment. The presumption of innocence is still available to the accused.
18. The applicant is a resident of Village Panjoda, Post Office Chowki Minar, Tehsil Bangana, District Una, Himachal Pradesh and as such, there is nothing on the file to demonstrate that he will not be available during the trial or he may coerce the witnesses. Considering the pace of the trial, chance for its completion in near future is not so bright. As such, the applicant is entitled for the relief, as claimed in the present case.
::: Downloaded on - 04/05/2023 20:39:53 :::CIS19. While deciding the question of bail, the detailed discussion about the evidence, so collected by .
the I.O., during the investigation, should be avoided, as the same would cause prejudice to the case of the prosecution or to the case of the accused.
20. Considering the fact that the charges in this case were framed on 27.10.2020 and the prosecution could only examine 14 witnesses, including the complainant, this Court is of the considered view that the applicant deserves to be released on bail.
Consequently the bail application is allowed. The applicant is ordered to be released on bail in case FIR No. 28/2020, under Sections 302, 188 and 34 of IPC registered with Police Station, Bangana, District Una Himachal Pradesh., subject to his furnishing personal bond in the sum of Rs.50,000/- (fifty thousand) with one surety in the like amount to the satisfaction of the ::: Downloaded on - 04/05/2023 20:39:53 :::CIS learned trial Court. This order, however, shall be subject to the following conditions:-
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a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
b). He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c). He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or the Police Officer, and
d). He shall not leave the territory of India without the prior permission of the Court.
21. Any of the observations made hereinabove shall not be taken as an expression of opinion on the merits of the case and the learned trial Court shall decide the matter uninfluenced by any of the observations made hereinabove.
22. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant ::: Downloaded on - 04/05/2023 20:39:53 :::CIS
23. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail .
Bangarh at Una through e-mail, with a direction to enter the date of grant of bail in the e-prison software.
24. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail Bangarh at Una is directed to inform this fact to the Secretary, DLSA, Una.
The Superintendent of District Jail Bangarh at Una is further directed that if the applicant fail to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.
(Virender Singh) Judge May 04, 2023 (Pathania) ::: Downloaded on - 04/05/2023 20:39:53 :::CIS