Dharam Chand Chaudhary, J. (Oral) - This order shall dispose of all the three petitions arising out of FIR No. 188/2016 registered under Section 341, 323, 325, 307, 506 of the Indian Penal Code against the accused-petitioners in Police Station, Theog, District Shimla, with the allegations that on 5.11.2016 around 8.30 p.m. complainant Babloo (Narinder Kumar) met them at Kufri. They stopped him and administered beatings. The accused petitioners allegedly beaten him with ''danda'' whereas his coaccused Lalit and Pradeep with kicks and fisty cuffs. The complainant received injuries on his person. He also apprehended danger to his life at the hands of accused petitioners.
2. The injured was taken to Civil Hospital, Theog for treatment. He was referred to I.G.M.C. Shimla and there remained hospitalized from 9.11.2016 to 23.11.2016 in Orthopedics Department under the supervision of Professor Orthopedics Dr. Manoj Thakur. Initially, the case was registered against the accused-petitioners only under Section 341, 323, 506 read with Section 34 of the Indian Penal Code. Later on, after obtaining the case summary from the department of Orthopedics I.G.M.C. Shimla and the opinion of the Medical Officer, Civil Hospital, Theog as well as keeping in view the hospitalization of the complainant during the period 9.11.2016 to 23.11.2016, the injury i.e. subluxation C5-C6 was found to be grievous in nature. In view of the opinion so obtained a case under Section 325 and 307 of the Indian Penal Code has also been registered against the accused petitioners.
3. The investigation conducted at this stage is not suggestive of as to what was the cause of administering beatings to the complainant by the accused-petitioners. Now if coming to the contents of these petitions, the complainant allegedly teased the wife of accused-petitioner Sohan Lal. The said accused asked the complainant as to why he had teased his wife when she was in the ''Ghasani'' (pasture). The reply of the complainant was that only a person who has muscle power can do such type of act. Not only this but he allegedly started pelting stones on accused-petitioner Sohan Lal. On noticing the quarrel at the place of occurrence other villagers attracted to it and on this the complainant ran away through ''Ghasani''. There being dark, he fell down on his person and received injuries.
4. Being so, at this stage, there are two version qua the manner in which the occurrence took place. The complainant has not disclosed the cause of administering beatings to him by the accused-petitioners, whereas, as per the explanation set-forth by the accused-petitioners, he was only asked as to why he had teased the wife of one of the accused-petitioners and it is on this he enraged. They had not administered beatings to him and rather the injuries were received by him by way of fall while fleeing away from the place of occurrence on seeing the other villagers coming there. Nothing, however, at this stage can be said about the manner in which the incident sparked off.
5. Much has been said about the nature of injuries on the person of complainant and the opinion obtained from the Medical Officer, Civil Hospital, Theog. That opinion cannot be treated to be conclusive proof, particularly when not obtained from the doctor incharge under whose supervision the complainant remained admitted in I.G.M.C. Shimla or from either of the associates of that doctor. Looking to the nature of injuries as reflected in the MLC, it cannot also be said that the same could have been caused by danda or kicks and fisty cuffs. The accused-petitioners are local residents and residing within the local limits of Police Station, Theog. There is no complaint that they were not available for the purpose of interrogation as and when called upon to do so. The apprehension of the investigating agency that they may hamper the investigation of the case and tamper with the prosecution evidence is also without any substance as the accused-petitioners seem to be not such an influential person so as to indulge in such activities. Otherwise also, they may not hamper the investigation of the case and tamper with the prosecution evidence, this Court can impose suitable conditions upon them on their failure to do so, the investigating agency will be free to approach this Court for cancellation of the liberty of bail granted to them.
6. Learned counsel representing the accused-petitioners has produced the certified copy of order passed by learned Sessions Judge, Shimla in similar applications, which were filed by the accused-petitioners for grant of bail. Perusal thereof reveals that the said applications were not dismissed on account of accused-petitioners absconded from the Court premises as argued by learned Additional Advocate General and rather on merits.
7. In view of what has been said herein above, all the three petitions succeed and the same are accordingly allowed. Consequently, it is directed that in the event of arrest of the accused-petitioners in connection with FIR No. 188/2016 registered in Police Station, Theog, they shall be released on bail subject to their furnishing personal bond in the sum of Rs.25,000/- each with one surety each in the like amount to the satisfaction of arresting Police Officer/Investigating Officer. They shall further abide by the following conditions:-
(a) make themselves available for interrogation as and when called upon to do so;
(b) not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.
(c) not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer.
(d) not leave the territory of India without the prior permission of the Court.
8. It is clarified that if the petitioners misuse their liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail.
9. Any observations made herein above shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of these petitions alone. Petitions stand disposed of accordingly.
10. Dasti copy.
