IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA, J.
Rajat Rana, S/o. Sh. Subhash Chand & Ors. - Petitioners
Versus
State of Himachal Pradesh - Respondent
Criminal Misc. Petition (Main) Nos. 1817, 1819 & 1820 of 2021
Decided On : 27-09-2021
Code of Criminal Procedure, 1973 - Section 154, 439, 438, 436A – Indian Penal Code, 1860 - Sections 307, 323, 324, 147, 148, 149 & 506 - Arms Act – Section 52, 54, 59 - Constitution of India, 1950 - Article 21 – Attempt to Murder – Punishment for voluntarily causing hurt – Punishment for Criminal Intimidation - Respondent-State has filed status report, in terms of order and SI has also come present with record - Record perused and returned - Close scrutiny of status report/record, reveals that , police after having received information, reached Regional Hospital, and found that two persons had been given severe beatings, as a consequence of which, they were under treatment at hospital - Whether denying bail to an accused person is right thing to do on facts and in circumstances of a case - whether accused was arrested during investigations when that person perhaps has the best opportunity to tamper with evidence or influence witnesses – Held, object of bail is to secure attendance of accused in trial and proper test to be applied in solution of question whether bail should be granted or refused is whether it is probable that party will appear to take his trial - Otherwise, bail is not to be withheld as a punishment - Otherwise also, normal rule is of bail and not jail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused involved in that crime - Petitions stand disposed of.
ORDER :
Since all the petitions arise out of same FIR, same wee taken up together for hearing and are being disposed of vide this common judgment.
2. Bail petitioners, namely Rajat Rana, Parkash Chand and Aman, who are behind the bars since 06.08.2021, have approached this Court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail in FIR No. 284/2021, dated 28.07.2021, under Sections 307, 323, 324, 147, 148, 149 & 506 of IPC and 52, 54, 59 of Arms Act, registered at Police Station Sadar, District Una, H.P.
3. Respondent-State has filed status report, in terms of order dated 20.09.2021 and SI Jagbir Singh, P.S. Sadar, District Una, H.P., has also come present with record. Record perused and returned. Close scrutiny of status report/record, reveals that on 28.07.2021, police after having received information, reached Regional Hospital, Una and found that two persons namely, Vikas Saini and Sumit Dogra had been given severe beatings, as a consequence of which, they were under treatment at the hospital, referred hereinabove. Complainant, namely Satnam, got his statement recorded under Section 154 Cr.P.C., alleging therein that he works as a mechanic in HRTC Una and Lakhvinder Singh is his friend. He disclosed to the police that on 27.07.2021, Lakhvinder Singh had posted one photograph of his workout at Diamond Gym, Una on the instagram. In the aforesaid photo, persons namely, Lakhvinder, Rakesh Kumar, Shubham Patiyal and Sumit Dogra, were also present. Prakash Mankotia, resident of Panjavar Tehsil and District Una, responded to aforesaid post by sending one Immoji of laughter. He alleged that thereafter he along with persons Rakesh Kumar, Lakhvinder and Vikas Saini, went to the shop of Honey, and asked the reasons for ridiculing them. Honey advised Prakash not to indulge in such activity, on phone, but thereafter on 27.07.2021, Prakash had extended threats to Vikas that he would shot him dead. He further alleged that on 28.07.2021, at 12/12.30 in the night, Prakash Mankotia, started kicking the gate of house of Vikas and hurled abuses. He alleged that he informed with regard to aforesaid incident to police in the morning. However, on 28.07.2021, at 10 A.M., in the morning, Vikas received call from Honey that now lets forget the incident and as such, they all went towards Palika Bazar, Una for talks, where persons namely Honey, Prakash, Sumit, Rohit, Rajat, Mudit,Aman and Gurpreet, were also present with sharp edged weapons, i.e. sword, sickle and stick, etc. He alleged that all the persons named hereinabove, attacked him and persons namely, Vikas and Sumit, as a consequence of which, they suffered serious injuries. On the basis of aforesaid complaint, FIR as detailed hereinabove, came to be lodged against the present bail petitioners along with co-accused Mudit Rana and Sumit. At the first instance, all the bail petitioners approached this Court for anticipatory bail by way of filing application under Section 438 Cr.P.C., but same was dismissed as withdrawn and thereafter, all the accused surrendered before the police on 6.8.2021. All the persons named in the FIR save and except Rohit and Arun Rana are behind the bars. Person namely Aman has been ordered to be enlarged on bail by learned Sessions Judge, Una. Since, investigation in this case is complete and nothing remains to be recovered from the bail petitioners, they have approached this Court in the instant proceedings for grant of bail.
4. Mr. Sudhir Thakur, learned Additional Advocate General, while fairly admitting factum with regard to completion of investigation, contends that though nothing remains to be recovered from the bail petitioners, but keeping in view the gravity of offences alleged to have been committed by them, they do not deserve any leniency and as such, prayer having been made on their behalf for grant of bail may be rejected. Learned Additional Advocate General, while referring to the record, further submits that all the bail pe
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