Point of Law: Grant of Bail – Investigation completed – Conditions imposed.

ORDER :

Since both the petitions arise out of same FIR, same were taken up together for hearing and are being disposed of vide this common judgment.

2. Bail petitioners, namely Jatinder Kumar @ Shanu and Namneet Kumar @ Raman, who are behind the bars since 10.02.2022, have approached this Court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail in FIR No. 47, dated 10.02.2022, under Sections 341, 323, 325, 307, 147, 148 & 149 of IPC, registered at Police Station Nalagarh, District Solan, H.P.

3. Pursuant to order dated 27.05.2022, respondent-State has filed status report and SI Neelam Kumar, P.P. Dabhota, P.S. Nalagarh, District Solan, has also come present with record. Record perused and returned. Close scrutiny of status report/record, reveals that on 09.02.2022, at about 9.30 P.M., when complainant reached outside his home on Nalagarh-Bharatgarh road, an Alto Car bearing registration No.HP12M-9542 and a white coloured Scorpio Car were standing there. Complainant alleged that persons namely Gurjeet, Sunil Kumar alias Shillu and Kaku attacked him as well as his friend Vijay Kumar with dandas, sariyas and darat with an intention to kill him as well as his friend Vijay Kumar. Complainant also alleged that above-named persons also ran over Scorpio vehicle on him, as a consequence of which, he suffered injuries on his left foot/leg. In the aforesaid background, FIR, as detailed hereinabove, came to be lodged against the persons namely Gurjeet Singh, Paramjeet Singh, Bhajan Lal, Jasvinder Pal Singh, Sunil Kumar alias Sillu, Yogesh Kumar and present bail petitioners, i.e. Jatinder Singh and Namneet Kumar. Person namely Yogesh Kumar already stands enlarged on bail vide order dated 11.09.2022, passed by this Court in Cr.MPM No. 763 of 2022, whereas, all other persons including bail petitioners are behind the bars. Since investigation in the case is complete and nothing remains to be recovered from the present 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 filing of challan in the competent court of law, 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, further submits that there is overwhelming evidence adduced on record by the prosecution suggestive of the fact that bail petitioners took active part in the crime and as such, it cannot be said they have been falsely implicated.

5. Having heard learned counsel representing the parties and perused the material available on record, this Court finds that on 09.02.2022, during the day time, some altercation took place inter se complainant Gurpreet Singh and accused Gurjeet Singh, i.e. brother of Paramjeet Singh and allegedly, complainant Gurpreet Singh slapped Gurjeet Singh. Persons named in the FIR, with a view to take revenge, planned to give beatings to complainant Gurpreet Singh. As per CCTV footage, all the persons named in the FIR, not only gave beatings to complainant Gurpreet Singh and person namely Vijay Kumar, but also attempted to run over their vehicle over the person of complainant namely, Gurpreet Singh. Since, accused Yogesh Kumar was not present on the spot and allegation against him is that he had apprised other accused named in the FIR that complainant Gurpreet Singh has left the place of marriage towards his house, he was ordered to be enlarged on bail by this Court, as has been taken note hereinabove. As per investigation, complainant and his friend Vijay Kumar were given beatings by the accused Namely Gurjeet Singh, Paramjeet Singh, Bhajan Lal, Jasvinder Pal Singh, Sunil Kumar alias Sillu, Yogesh Kumar and present bail peti