Dharam Chand Chaudhary, J. (Oral) - Petitioners are accused in FIR No. 236 of 2016 registered against them and their co-accused in Police Station, West, Shimla under Sections 147, 148, 149, 307, 323 and 506 of the Indian Penal Code.
2. Accused-petitioner Amrish Kamal is pursuing his studies in Law department of Himachal Pradesh University, whereas accused-petitioner Jeewan Singh is a student of Tribal studies. On 1.10.2016, an information qua clash between student organisations having taken place was received in Police Post, Summerhill. The Incharge, Police Post rushed to the spot. The victim of the occurrence Shri Ashish Kumar has reported that 25-30 students belonging to Student Federation of India (SFI) who were reinstated by the University Authority only on that day assaulted the complainant and his companion with Khukri, Darat, Rods and Dandas in a planned manner and as a result therefof the members of the complainant party Pankaj Kumar, Ramesh Bisht, Praynjal Joshi, Rahul Sudan, Fakir Chand, Akshay, Vishal Verma, Deepak, Ashish and others had sustained injuries on their person. The complainant allegedly was thrown out from Y.S. Parmar hostel by the assailants. He was found to have received multiple grievous injuries on various part of his body. The accused party allegedly threatened the complainant party to do away with their lives and also proclaimed "have you forgotten past incidents". The names of the assailants were disclosed to be the co-accused of the accused-petitioners. The complainant did not disclose the name of the accused petitioners being the assailants in the report he lodged with the police. On the basis of the report lodged by Ashish Kumar aforesaid the police has lodged the FIR and started conducting investigation in the case. The names of the assailants disclosed by the complainant in the report were arrayed as accused in the FIR.
3. During the investigation, it transpired that the accused persons after forming an unlawful assembly attacked the complainant party and had threatened to do away with their lives to achieve the common objective of the unlawful assembly. The accused-petitioners as such were arrested on the next day i.e. 2.10.2016. The injured Pankaj Kumar, Ramesh Bisht, Vishal Verma and Praynjal Joshi had disclosed the names of the accused-petitioners being also the assailants in their statements recorded on 3.10.2016. Being so, accused-petitioner Amrish Kamal was arrested on 3.10.2016, whereas accused-petitioner Jeewan Singh on 4.10.2016. They both are now lying confined in judicial custody.
4. This petition has been sought to be dismissed on the grounds, inter-alia, that the accused-petitioners are involved in the commission of a heinous crime. Also that past criminal history is in their credit as FIR No. 219/2014 was registered against accused-petitioner Amrish Kamal under Sections 143, 149 and 34 of the Indian Penal Code at Police Station, Sadar Solan, whereas FIR No. 147/2016 under Sections 143 and 188 of the Indian penal Code against accused-petitioner Jeewan Singh in Police Station, Sadar Shimla. Criminal cases so registered against them are now pending disposal in the Court. It has also been urged that both accused are habitual offenders and previously also were found to have indulged in committing violence and rioting in the University campus.
5. While Mr. Thakur, learned Counsel representing the accused-petitioners has argued that the accused-petitioners are not hardened criminals and that they being the students of University were pursuing their studies sincerely may be dealt with leniently in the matter of grant of bail. Mr. Pramod Thakur, learned Additional Advocate has, however, urged that the on account of repeated incidents of violence and rioting in the University campus, it has become a great challenge to the University authorities and also the local police to maintain peace and congenial atmosphere in the University. The accused-petitioners and their companions are frequently indulging in the incidents of violence and rioting in the University campus. They have spoiled the teaching atmosphere and as a result thereof the career of other students who want to pursue their courses has been affected adversely.
6. I find considerable force in the submissions made by learned Additional Advocate General because due to frequent fights between the members of different students organisations, the violence in the University campus has become a permanent feature. This Court feels that the office bearers of various student organisations are not fighting for common cause i.e. to maintain congenial atmosphere in the University nor keeping in mind the welfare of the students and rather settling their scores with each other and perhaps at the behest of some outside forces. Being so, though to enlarge an offender like the accused-petitioners on bail, some time may amount to a misplaced sympathy, however, at the same time the Court has also to strike out balance between the magnanimity of offence allegedly committed and the liberty of a person booked as an offender in connection with the commission of such offence.
7. True it is, that the offence the accused petitioners allegedly have committed is not only serious but heinous in nature. However, the only distinction in their case as compared to their co-accused is that the victim of the occurrence Ashish Kumar aforesaid did not disclose their names at the first available opportunity i.e. at the time of reporting the occurrence to the police of Police Post, Summerhill being also the assailants. Their names were rather disclosed by the injured witnesses Pankaj, Ramesh Bisht, Vishal Verma and Praynjal Joshi when their statements were recorded on the third day of the occurrence i.e. 3.10.2016. Undoubtedly, stringent conditions are required to be imposed upon both accused-petitioners in the event of they are admitted on bail. Order which reads as follows to this effect was passed in this application on 15.11.2016:
"Learned Deputy Advocate General has placed on record the status report. ASP, Shimla Arjit Sen and Inspector/SHO Sanjeev Kumar, Police Station (East), Shimla have produced the record. Heard for sometime. This Court feels that in the event of the accused-petitioners are ordered to be admitted on bail, stringent conditions are required to be imposed upon them in order to ensure that there is no breach of peach in the University and teaching atmosphere is also not spoiled. Learned Counsel representing the petitioners sought adjournment to have instructions. Allowed. List on 21st November, 2016."
8. Not only this, but as per the order passed on 21.11.2016 fathers of both accused-petitioners were called upon to attend this Court in person. The order reads as under:
"Heard further. Let Sh. Rattan Singh Kamal, father of accused-petitioner No. 1 and Sh. Narayan Singh, father of accused-petitioner No. 2 to attend this Court in person on the next date. List on 24th November, 2016."
9. Consequently, Satish Pal, elder brother of accused-petitioner Amrish Kamal and Narayan Singh, father of accused-petitioner Jeewan Singh had attended this Court on 24.11.2016.
10. The respondent-State was also called upon through learned Additional Advocate General to assist this Court as to what should be the appropriate conditions to be imposed upon the accused-petitioners so that they being student can be ordered to be admitted on bail and the teaching atmosphere in the University can also be maintained. Mr. D.W. Negi, the Superintendent of Police, Shimla district remained associated during the course of hearing in this petition and he is present in person even today also.
11. The situation in the University campus may be tense. It can also be believed reasonably that the administration had deployed sufficient manpower to take stock of the situation in the University campus and avert an untoward incident. However, this Court is seized of this petition filed by the accused petitioners, two in number for the grant of bail on the ground that their names were never disclosed by the complainant to be the assailants and that they have been falsely implicated by the police after the occurrence i.e. 1.10.2016. They are in custody from the date of their arrest. They belong to district Sirmour and district Mandi respectively. They are students of Himachal Pradesh University. Being so, there is no likelihood of their jumping over the bail or ultimately non-availability at the time of trial. They are, therefore, ordered to be admitted on bail subject to their furnishing personal bond in the sum of Rs.50,000/- each with 2-2 sureties each out of whom one shall be in their close relations i.e. father/brother to the satisfaction of learned Chief Judicial Magistrate, Shimla district at Shimla. They shall further abide by the following conditions:
1. If they are still students of University and not disqualified to be a student of University and if they intend to pursue their further studies, shall have to disclose the proof of their place of abode in Shimla town to the satisfaction of learned Chief Judicial Magistrate at the time of furnishing bail bonds and in the event of pursuing their respective courses further they shall have to visit the University campus from such place of abode in Shimla town;
2. They are directed to report to Incharge, Police Post Summerhill before going to their respective department to attend the classes and shall also apprise the said Incharge of Police Post of their departure from the campus after attending classes. The Incharge of Police Post shall maintain record in this regard;
3. This arrangement shall continue for one month from the date the accused-petitioners are released on bail and shall be subject to review by learned Chief Judicial Magistrate thereafter on a report in this regard to be filed by the Incharge of police post;
4. The entries of the accused-petitioners in any of hostel of the University shall remain banned either in the capacity of a hosteller or guest of any other inmate who has been allotted hostel by the University;
5. They shall not be the member of any procession, dharana or of any unlawful assembly in the University campus;
6. On their release from custody they shall not attend any welcome party/function or any procession by their fellow students/organization inside or outside the University campus;
7. They shall not displace any party symbol or sticker except for identity card issued by the Competent authority in the University nor shall stand on the main gate of the University or any department wearing such stickers or badges showing their affiliation to a particular student organization or political party while in the University campus;
8. The sureties i.e. father/brother, as the case may be, shall keep on visiting the Dean/head of the department concerned to find out that the accused-petitioners are attending their classes regularly and also their performance in study once in a month;
9. The Dean/head of department shall maintain record of such visits so that the same is readily available if requisitioned by this Court or the Court of learned Chief Judicial Magistrate, Shimla for perusal.
10. shall join the investigation of the case as and when called upon to do so & on filing of challan against them regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
11. shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
12. shall 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 Investigating Officer;
13. shall not leave the territory of India without the prior permission of the Court.
12. It is clarified that if the accused-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.
13. The observations herein above shall remain confined to the
