Himachal Pradesh High Court
Sahil Khan S/O Shri Sakim Khan vs State Of Himachal Pradesh on 5 April, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 5th DAY OF APRIL, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) No. 748 OF 2022_
Between:-
SAHIL KHAN S/O SHRI SAKIM KHAN,
R/O WARD NO. 1, NALAGARH, TEHSIL
NALAGARH, DISTRICT SOLAN, H.P.
AGED 21 YEARS.
..........PETITIONER
(BY SH. N.S. CHANDEL, SENIOR ADVOCATE
WITH MR. VINOD KUMAR GUPTA,
ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
........RESPONDENT
(BY M/S SUMESH RAJ, DINESH THAKUR AND
SANJEEV SOOD, ADDITIONAL ADVOCATE
GENERALS WITH M/S SUNNY DATWALIA AND
MANOJ BAGGA, ASSISTANT ADVOCATE
GENERAL)
___________________________________________________________
This petition coming on for orders this day, the Court
passed the following:-
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2
ORDER
PSI Mukul Sharma, IO Police Station Nalagarh, District .
Solan, is present with case record.
2. By way of this petition, the petitioner has prayed for grant of anticipatory bail in FIR No. 87 of 2022, dated 21.03.2022, registered at Police Station Nalagarh, under Section 307, 324, 342, 427, 147 and 148 read with Section 149 of the Indian Penal Code.
3. When this case was listed yesterday, the same was ordered to be listed for today and learned Additional Advocate General was called upon by the Court to file status report, which has been filed today and is ordered to be taken on record.
4. Mr. N.S. Chandel, learned Senior Counsel appearing for the petitioner has argued that the petitioner is innocent and is not involved in the commission of the offence at all. According to him, on the date of the incident, the petitioner was in a factory where he stands employed and he has been falsely implicated in the case for no fault of his. Learned Senior Counsel has also argued that in the event of grant of anticipatory bail, the petitioner shall abide by all the terms and conditions, which may be so imposed upon him and shall duly participate in the course of investigation.
::: Downloaded on - 05/04/2022 20:12:19 :::CIS 35. Opposing the bail petition, learned Additional Advocate General has submitted that earlier bail application filed by the .
petitioner under Section 438 of the Code of Criminal Procedure has been rejected by the Court of learned Additional Sessions Judge, Nalagarh, on 02.04.2022. Involvement of the petitioner is clearly borne out in the commission of the offence and further taking into consideration the entirety of the incident, it will not be in the interest of justice to grant anticipatory bail to the petitioner for the reasons that he alongwith other accused have been found to be involved in the commission of a very serious offence. Learned Additional Advocate General has also argued that the petitioner and other co-accused have no respect for the law of the land, which is evident from their conduct as is borne out in the course of the investigation and custody of the petitioner is otherwise required for the purpose of investigation of the case. He has accordingly prayed for the dismissal of the petition.
6. I have heard learned Counsel for the parties and also gone through the status report as well as investigation record, which was produced by the investigating officer.
7. The case of the prosecution is that complainant Suryatej Chaudhary, on the fateful day, was confronted by ::: Downloaded on - 05/04/2022 20:12:19 :::CIS 4 accused Manjot and Sourav while the complainant was in his vehicle. Manjot was carrying a sickle in his hand and he gave a .
sickle blow on the front mirror of the car of the complainant and Sourav pelted stones thereupon. After the complainant got down from the vehicle, these two accused started beating him and Manjot also called 3-4 other boys which included the bail petitioner, who alongwith other accused gave severe beatings to the complainant with sickle, sticks and stones. One of the assailants hit the complainant with sickle on his head and the complainant saved his life by running into a nearby furniture shop wherein also he was beaten up by the assailants. During this process, the complainant had telephonically called the police and the assailants fled away only after the police arrived at the scene.
8. Taking into consideration these facts, this Court is of the considered view that at present no case is made out for grant of anticipatory bail to the petitioner in view of the allegations which are contained in the FIR. The Court concurs with the submissions of learned Additional Advocate General that presently custody of the petitioner is required by the police for the purpose of investigation and release of the petitioner by granting anticipatory bail to him may hamper the course of investigation.
::: Downloaded on - 05/04/2022 20:12:19 :::CIS 5Besides this, the medical report of the victim discloses that amongst other injuries inflicted on his body, one has been termed .
to be grievous by the Doctor which was a sickle blow given to the victim on his head. Whether or not the allegations leveled against the accused are sustainable or not, of course, is a matter of trial, but at this stage, the allegations per se appear to be quite grave and serious and the same do not entail enlargement of the petitioner on anticipatory bail. Accordingly, being devoid of any merit, this petition is dismissed.
(Ajay Mohan Goel) Judge April 05, 2022 (narender) ::: Downloaded on - 05/04/2022 20:12:19 :::CIS