ROHIT THAKUR Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner has been arrested for offences under Section 364 read with Section 120-B of the Indian Penal Code. Without entering into the other aspects of the case, the case against the petitioner is that near temple in Sunhet, he was driving vehicle No. HP-01D-3122, in which Ashwani Kumar was travelling. He purportedly lifted the prosecutrix in the vehicle forcibly and cut his arm with knife in front of the prosecutrix. Thereafter, he left her at Kolar road. It seems that Ashwani jumped into a water pond after consuming some poisonous substance. These question are to be determined during trial. The question at this stage is as to whether the petitioner's prayer for bail is to be rejected or accepted. I find from the order that only general factors are used for denying the bail. The only reason for denying bail to petitioner is that he was driver of the vehicle in question. One more reason as detailed in paragraph 8 of the order of the learned Sessions Judge is that the petitioner would induce or overawe prosecution witnesses. I find that these reasons usually form part of the orders passed by the learned Judge in practically all bail applications. General observations without being substantiated by any fact or probable fact cannot be used as means for denying bail. It is trite to observe that allegation of tampering with the prosecution evidence or trying to influence the prosecution witnesses are of very serious nature and cannot be tolerated by any civilized system of Criminal law. For this, concrete evidence on record is not required. There is no propensity indicated by any fact or indication that the petitioner is likely to tamper with the prosecution evidence. Mere observations in this regard are not sufficient.

(2.) On instructions received from ASI Subhash Singh, learned Additional Advocate General submits that challan will be filed in Court within a period of three weeks from today and that the custodial interrogation of the petitioner is not required.

(3.) Without going into more details, I direct that petitioner shall be released on bail subject to his furnishing a personal bond in the sum of Rs 30,000/- with one surety in the like amount to the satisfaction of learned Sessions Judge, Kangra at Dharamshala on the presentation of this order. It is directed that: