LAWS(HPH)-2019-8-84

SURAJ Vs. STATE OF HIMACHAL PRADESH

Decided On August 20, 2019
SURAJ Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 135 of 2019, dated 01.07.2019, under Sections 307, 341, 323, 147, 148, 149, 506 IPC, registered in Police Station Sadar, Shimla, District, Shimla, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 01.07.2019 Shri Vikas (complainant) got his statement recorded under Section 154 Cr.P.C. with the police. As per his statement, on 30.06.2019, at about 10:30 p.m., when he came to Cart Road for icecream, the petitioner was standing there with accused Karan. The petitioner and accused Karan stopped and gave threatening to him. Thereafter scuffle ensued and on hearing the screams of the complainant, his younger brother, namely Vikrant, came on the spot. On seeing this, the petitioner and accused Karan fled away from the spot, but subsequently they returned with accused persons Raju, Rahul, Vikki and Vinod. The petitioner and other accused persons were having chopper and beer bottles in their hands and they started thrashing the complainant and his younger brother. Accused Vikki administered a chopper blow on his head, so he sustained injuries. The complainant further stated that the accused persons also severely thrashed his younger brother and with an intention to kill him they threw him from the road. On the basis of the statement, so made by the complainant, police registered a case and the investigation ensued. The complainant and his younger brother were medically examined. Police prepared the site plan and also recorded the statements of the witnesses. On 01.07.2019, at about 11:00 p.m., accused persons Vikki, Vinod, Rajinder, Rahul and Karan were arrested. During the course of investigation accused persons divulged that they did not have chopper and instead complainant Vikas administered a tile blow on Vikki, so he sustained injuries. It has come in the police investigation that there is rivalry between the parties. Police procured the CCTV footage from the nearby shop, which clearly shows that none of the accused persons had sword, chopper etc. The witnesses also stated that none of the persons had weapons like sword, chopper etc. One of the witness stated that the quarreling persons had glass beer bottles, pieces of tiles and they were giving beatings with leg and fist blows. It has further come in the investigation that, as the place is busy, someone could have cleaned tiles, bottles of beer etc. from the spot. The learned Trial Court on 16.07.2019 enlarged accused Rahul and Karan on bail and bail applications of rest of the accused persons were dismissed. Police found the involvement of the petitioner in six other matters, which mainly are of giving beatings to people. Initially, the petitioner absconded and on 05.08.2019 he moved an application before this Hon'ble High Court for pre arrest bail. On 19.08.2019 the petitioner was arrested and released on bail on his furnishing persons and surety bonds of Rs. 10,000/- each. As per the police, the investigation in the case stands completed. Lastly, it is prayed that the bail application of the petitioner be dismissed, as after committing the crime the petitioner absconded and during he course of investigation police found the involvement of the petitioner in six other cases. The petitioner has committed a serious crime and in case he is released on bail, he may tamper with the prosecution evidence and may also flee from justice, so the bail application be dismissed.