ANKUSH VERMA Vs. STATE OF H.P

JUDGEMENT

(1.) All these petitions arise out of a common FIR, hence are liable to be disposed, of, by a common order.

(2.) The instant petitions, have been filed by baila­ applicants/accused, under Section 439, Code of Criminal Procedure, for seeking, an order, for theirs' being released from judicial custody, whereat they are extantly lodged, for, their allegedly committing offence(s), punishable under Sections 341, 323, 325, of the Indian Penal Code, and, Section 3 (2) (Va) of Prevention of Atrocities Act, in respect whereof, an FIR No. 14 of 2019, of, 29.1.2019, is, registered with Police Station, Kandaghat, District Solan, H.P.

(3.) The Deputy Superintendent of Police Sh. Dinesh Kumar, is present in the Court, and, has apprised this Court, that, the learned Judicial Magistrate, Kandaghat, has remanded the bail­applicants/accused to judicial custody. He further submits that the investigation is almost complete, and, all the relevant recoveries also stand effectuated at the instance of the bail­applicants/accused. He also states that the condition of the victim is stable, and, he faces no imminent danger to his life. Though, in the face of afore submission made by the Investigating Officer concerned, before this Court, the Court is constrained to grant the indulgence of bail to the bail­applicants, yet, the learned Additional Advocate General, has, vehemently opposed the grant of indulgence of bail to the bail­applicants/accused, (i) given the likelihood of bail­applicants/accused influencing the prosecution witnesses, and, also qua the likelihood of bail­applicants/accused, hence, tampering with prosecution evidence. He also proceeds to submit that the given, the, prior hitherto, penal offences standing evidently committed by applicant/accused one Ishwar Thakur, hence there is every possibility of his re­committing penal offence(s), thereupon indulgence of bail be not granted to the afore bail­applicants/ accused.