Chander Bhusan Barowalia, J
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. 10 of 2019, dated 31.01.2019, under Section 279, 337, 338 and 304AA IPC, registered in Police Station
Kumarsain, 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 31.01.2019 police of Police Post Sainj received a written complaint with respect to an
accident, which occurred on 31.01.2019, at about 12:30 a.m., so the police personnel went to place known as Vithal Gondhna link road. Police found
that vehicle, having registration No. HP09B-1029 (Tata Tiago), met with an accident and was hanging between the stay wires of electric pole. A
person was found standing near the spot of accident and he divulged his name as Mohan Lal and a person was found unconscious on the rear
passenger seat of the vehicle. Police lifted the unconscious person and he was found dead. Police was informed by Mohan Lal that the vehicle was
being driven by Kamal Jeet (petitioner herein), but the petitioner was not found there. So, the police and local people shouted and called the petitioner
towards the gorge and they heard the noise of some person. Police found the petitioner sitting 100 meters down in the gorge and he was injured. So,
the petitioner was shifted to MGMSC, Khareri and the deceased was shifted to CH, Kumarsain. It has come in the police investigation that the
petitioner, injured and deceased were the employees of Forest Department and they were going for conducting a raid on illegal mining mafia. Police
registered a case against the petitioner and investigation ensued. Police prepared the spot map and also clicked photographs. Postmortem was
conducted on the corpse of the deceased and the dead body was handed over to his family members. Police got conducted the mechanical inspection
of the vehicle and no fault was found. The vehicle in question was seized and subsequently released. Police also lifted scientific evidence. The
petitioner was medically examined and report of his blood sample revealed that the petitioner was heavily inebriated. Blood samples of injured and
deceased were taken and it was unearthed that they were also drunk. The petitioner joined the investigation and he divulged that at the time of the
accident the vehicle was being driven by Mohan Lal (injured). Lastly, it is prayed that the bail application of the petitioner be dismissed, as the
petitioner, through his rash and negligent driven, caused an accident and the deceased lost his life in it. The dismissal of the application has been
prayed on the premise that in case the petitioner is released on bail, he may tamper with the prosecution evidence and may also flee from justice.
4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the
report of the police, carefully.
5. The learned Counsel for the petitioner has argued that the petitioner is innocent and he is neither in a position to tamper with the prosecution
evidence nor in a position to flee from justice, as he is resident of the place, so he may be released on bail. He has further argued that the petitioner is
joining and co-operating in the investigation. Conversely, learned Additional Advocate General, has argued that the petitioner due to his rash and
negligent act caused an accident and the deceased lost his life in the said accident. He has further argued that the petitioner was found heavily drunk
and he was driving the vehicle in an inebriated state. It has been argued that in case the petitioner, at this stage, is enlarged on bail, he may tamper
with the prosecution evidence and may also flee from justice. He has argued that at this stage the petitioner may not be released on bail and his
application be dismissed.
6. At this stage, considering the fact that the petitioner, the deceased and the injured were traveling in the same vehicle and they were going for
official work, the fact that the petitioner joining and co-operating in the investigation, the manner in which the accident is alleged to have occurred, the
fact that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is resident of the
place and also considering the overall material, which has come on record, and without discussing the same at this stage, this Court finds that the
present is a fit case where the judicial discretion to admit the petitioner on bail, in the event of his arrest, is required to be exercised in his favour.
Under these circumstances, it is ordered that the petitioner be released on bail, in the event of his arrest, in case FIR No. 10 of 2019, dated
31.01.2019, under Section 279, 337, 338 and 304AA IPC, registered in Police Station Kumarsain, District Shimla, H.P., on his furnishing personal bond
to the tune of `25,000/- (rupees twenty five thousand only) with one surety in the like amount to the satisfaction of the Investigating Officer. The bail is
granted subject to the following conditions:
(i) That the petitioner will join investigation of the case as and when called for by the Investigating Officer in accordance with law.
(ii) That the petitioner will not leave India without prior permission of the Court.
(iii) That the petitioner will not directly or indirectly 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 Investigating Officer or Court.
7. In view of the above, the petition is disposed of.
Copy dasti.
