NAVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under Sec. 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 45 of 2021, dtd. 14/8/2021, registered under Ss. 302, 323, 352, 451, 147, 148 and 149 of the Indian Penal Code, at Police Station Kasauli, District Solan, H.P.

(2.) Learned counsel for the petitioner submitted that in all there are eight accused. Out of them three are ladies, one is a juvenile and four accused are male. They all are members of the same family. The ladies already stand released on bail by this Court. Learned counsel further submitted that after the alleged incident took place and the FIR was registered, the petitioner continuous to be in custody since 15/8/2021, meaning thereby that now he is in custody for more than two years and seven months. Learned counsel further submitted that otherwise also, the petitioner is not guilty of the offences alleged to have been committed by him and a perusal of the investigation that has been carried out in the matter by the police would demonstrate that there is no material to implicate the petitioner. He submitted that the prosecution has cited twenty seven witnesses. Examination of two eye witnesses was completed on 2/3/2024 and the third eye witness was given up as far back as on 1/6/2023. He further stated that there is no other eye witness now to be examined and as the next date for recording the statements of some of the witnesses of the prosecution is fixed for 19/20/21/9/2024, therefore, it would be in the interest of justice in case the petition is allowed and the petitioner is released on bail. Learned counsel also argued that as the statements of the eye witnesses already stand recorded, therefore, otherwise also now there is no impediment in the release of the petitioner who is having no previous criminal history as there is no likelihood of the petitioner trying to prevail upon the material witnesses. Accordingly, he submitted that the present petition be allowed and the petitioner be ordered to be released on bail.

(3.) Learned Additional Advocate General has opposed the petition, inter alia, on the ground that the offence alleged to have been committed by the petitioner alongwith other accused was grave and heinous and in case the petitioner is ordered to be released on bail there is each and every possibility that he may either try to evade the trial or he may try to influence and win over remaining prosecution witnesses which may create impediment in the course of conduct of a fair trial. He further submitted that the trial is otherwise proceeding at a reasonable peace and therefore also the present petition deserves to be dismissed. No other point was urged.