IMPORTANT POINT
The severity of the accusation, the gravity of the offence, and the accused's criminal history are crucial factors in determining bail eligibility.

JUDGMENT :

Ranjan Sharma, J.

The bail petitioner [Lakhwinder Singh @ Abhi] has come up before this Court, seeking a regular bail, under Section 439 of Code of Criminal Procedure [herein referred to as Cr.P.C.], originating from FIR No 277/2023 dated 01.11.2023, registered under Sections 307, 323, 384, 120-B and 212 of the Indian Penal Code and Sections 24, 54 and 59 of the Arms Act, registered at Police Station Haroli, District Una [H.P.].

FACTUAL MATRIX

2. The case set up by Ms. Madhurika Sekhon, learned counsel for the petitioner [Lakhwinder Singh @ Abhi], is that the bail petitioner is a permanent resident of Village Lower Badhere, Tehsil Haroli, District Una. It is further averred that the bail petitioner has been falsely implicated in the aforesaid matter. It is further averred that no evidence exists which connects the present bail petitioner with the commission of the alleged offence. It is further averred that investigation is complete and no fruitful purpose will be served in case the bail petitioner is enlarged on bail, as the bail petitioner is behind the bars since 07.11.2023 at District Jail Bangar, District Una [H.P.].

2(i). It is further averred that no past criminal history exists and the conduct of the bail petitioner is unblemished. It is further averred that the bail petitioner is a wrestler and he has bright future and the detention will ruin his career. It is averred that the petitioner has been roped in, on the basis of mere hearsay evidence. The bail petitioner has given undertaking that in case of enlargement on bail, the bail petitioner shall attend the trial and shall execute the personal/surety bonds and shall not cause any threat or inducement to the witnesses in any manner. The instant bail petition, has been filed on behalf of the bail petitioner [Lakhwinder Singh @ Abhi] through his father as he is already in custody, as referred to above.

2(ii). The petitioner had filed a bail application No.497/2023 before the Learned Additional Sessions Judge-ll Una, on 07.12.2023, which was dismissed on 31.01.2024 [Annexure A-1]. The operative part of the order passed by the Learned Trial Court reads as under:-

“11. The aforesaid things would show the gravity of the crime allegedly committed by the applicant and his co-accused against the complainant and his associates in order to extort money from the complainant and in pursuance of the criminal conspiracy so hatched to extract money the co-accused persons of applicant opened fires with pistol on the vehicle of the complainant occupied by him and his associates and they were fortunate enough that they were not killed by such 2-3 fires opened with pistol on them.

12. The applicant is though permanent resident of this area, but he has hatched criminal conspiracy with his co-accused persons, who except accused Bansh Raizada hail from the State of Punjab and the manner in which the criminal conspiracy was hatched to extort money from the complainant and attempt to kill him was made call for rejection of the bail application as it would not be safe for the complainant and his associates if the applicant is enlarged on bail as it would put them under constant pressure or terror of being killed by the applicant and his co-accused persons, who in pursuance of the criminal conspiracy hatched to extort money from the complainant are alleged to have made attempt to kill him by opening fires on the vehicle of the complainant occupied by him and his associates and one of his associates (Mani) was injured in that pistol fired incident.

13. The applicant had acquired 10 live cartridges from accused Bansh Raizada, who had the same from accused Tashu Sidhu at Hoshiarpur near Bulabari chowk after he was deputed to there by co-accused Sumit Jaswal alias Kaku and had conversation with principal accused Arun Kumar alias Mani Rana suffering detention in District Jail Ludhiana and thereafter the applicant and the accused Sumit Jaswal alias Kaku met the shooters accused (Lavdeesh San