VIKAS JAMWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in FIR No. 290/13 registered under Sections 307, 323, 324, 506 and 201 of the Indian Penal Code in Police Station, Nurpur, District Kangra, H.P. He has been arrested by the police on 3rd October, 2013 and is still in custody. The investigation in the case is complete and challan stands filed. The police has also filed the final report against him in the Court. The only allegation against him is that he caused injuries with a blade on the neck and right arm of complainant Anita Devi, his real aunt in relation at such a time when on 02.10.2013 around 11.30 A.M. she was sitting in her house with Smt. Asha Devi (her Jethani) the mother of the accused-petitioner. Initially, the case was registered under Sections 323 and 324 of the Indian Penal Code and later on Sections 307 and 506 IPC have also been inserted in the FIR on receipt of the MLC and also the evidence collected subsequently.

(2.) The nature of injuries except injury No. 1 are simple in nature. Injury No. 1, as per medical evidence, is grievous and dangerous to life, however, the veracity of the evidence so come on record has to be tested during the course of trial. The cause of inflicting injuries by the accused-petitioner could not be ascertained, as the investigating agency seems to have not made any efforts to find out the same. On the other hand, the accused-petitioner and the injured, both are closely related. Nothing has come on record that there was enmity between them. In a normal course, no one would inflict injury to anyone without any cause thereto. The accused-petitioner is yet to be tried, however, keeping in view the record available at this stage and also that he is no more required for the purpose of interrogation, his further detention would be unwarranted and rather violative of his right to freedom and liberty guaranteed under Article 21 of the Constitution of India. He being local resident of District Kangra can reasonably be believed to have roots in the society. Therefore, on this score also, there is no possibility of his fleeing away from justice and not available for the purpose of trial. His movement can otherwise be restricted by imposing suitable conditions upon him while admitting him on bail. Therefore, this application is allowed and accused-petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs. 50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of learned Additional Sessions Judge-I, Kangra at Dharamshala. The accused-petitioner shall further abide by the following conditions that he shall:--

(3.) It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The petition stands disposed of.