Pre-arrest bail granted under section 438 C.r.P.C with conditions imposed by the court – Manipur high court

Item No. 25 Through video conferencing) IN THE HIGH COURT OF MANIPUR AT IMPHAL AB No. 521 Versus …. Petitioner s Oinam Rajendro Singh Officer in Charge Keibul Lamjao Police Station HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH Respondent s Heard Mr. N. Mahendra learned counsel appearing for the petitioner and Mr. Y. Ashang learned PP appearing for the respondent. The present application has been filed under Section 438 of the Cr.P.C for granting pre arrest bail to the petitioner in connection with FIR No. 102021 KBL PS u s 326 354 B IPC. The learned counsel for the petitioner draws the attention of this Court to the bail objection report dated 20.12.2021 submitted by the I.O. of the case wherein the statement of the victim is clearly recorded. The relevant portion of the said report is as under: “On further investigation it is learnt that the victim person has been discharged from the Hospital on 15.12.2021. Accordingly examined the victim person very minutely in which she fully corroborated with the OE lodged by her daughter. She also asserted that on the day of incident i.e. 05 12 2021 at about 8 am she was standing near Lai Lairembi Leirak and chewing Pan Masala and she spit that pan masala on the road side. It seems one car pass acrossed her on the road. Suddenly that car reversed back and from that car one Oinam Rajendro came down and started shouting at herby saying “how are you disrespect me by spitting in front of me”. They exchanged some heated words and argued in that hesuddenly punch her twice on her face mouth). She also stated that he also twisted her right arm and hit on her shoulder. In the meantime victim’s daughter came rushing on hearing the commotion of the incident and somehow intervened the scene. Her daughter took her in the courtyard of her house. After a AB NO. 53 OF 2021 while the accused person came back again at the victim’s courtyard and he threatened and shouted “Come out all of youI will kill you all with a stone” In that the locality elders came out and took him away. Thus how she sustained injury and admitted at hospital. Due to the impact of the assault the victim had removed one lower tooth and replaced by an artificial one. Also another lower tooth is on the verge of removing as opined by the doctor.” By referring to the statements made by the victim it has been submitted by the learned counsel appearing for the petitioner that even accepting the report dated 05.12.2021 submitted by the daughter of the victim to the OC Keibul Lamjao Police Station as well as the statement made by the victim it is crystal clear that the grievous hurt suffered by the victim has been caused by the accused person when the petitioner punched the victim on her face and that such grievous injuries were not caused by any other means or instrument as laid down in section 326 of the IPC. The learned counsel further submitted that even accepting the aforesaid report as well as the statement made by the victim in its entirety no offence is made out for committing the offence under Section 326 and Section 354 B by the petitioner. According to the counsel for the petitioner the offence under section 325 IPC may be attracted which is a bailable offence. In view of the above it has been strenuously submitted by the learned counsel appearing for the petitioner that the I.O. of the case has made serious charges against the petitioner without any basis and that the petitioner is entitled to grant pre arrest bail in view of the facts and circumstances of the present case. Mr. Y. Ashang learned PP submitted that on perusal of the relevant provisions of the section 326 and 354 B of the IPC along with the original report and the statement made by the victim as recorded in the bail objection report AB NO. 53 OF 2021 no prima facie case seems to be made out of the petitioner committing the offences under section 326 and 354 B of the IPC. However it has been strenuously submitted by the learned PP that all throughout the period from the date of the original report till today the petitioner has not been cooperating with the investigation at any point of time and he has been evading arrest by the police. In view of the above it has been submitted by the learned PP that in order to facilitate the investigation of the present case the petitioner is required to be present before the I.O. of the case everyday to assist the investigation of the case till the completion of the investigation or till the satisfaction of the I.O. whichever is earlier. After hearing of the learned counsel appearing for the parties this Court is of the considered view that the petitioner is entitled to grant of pre arrest bail in the facts and circumstances of the present case and accordingly the present application is allowed with the following directions: 1) In the event of arrest of the petitioner in connection with FIR No. 102021 KBL PS u s 326 354 B I.P.C the petitioner should be released on bail on his executing a bond of Rs. 50 000 only along with a surety to the satisfaction of the arresting authority 2) the petitioner should be present before the I.O. of the case everyday to facilitate the investigation of the case till the completion of such investigation or till the I.O. is satisfied that the presence of the accused is no longer required in connection with the investigation of the case AB NO. 53 OF 2021 3) the petitioner should not leave the State without prior permission of the arresting authority 4) liberty is given to the Police to make any appropriate application for modification recalling this order if the petitioner violates any of the conditions imposed by this Court. With the aforesaid directions the present application is disposed of. A copy of this order be furnished to both the counsel appearing for the parties through their whatsapp e mail. JUDGE Sapana AB NO. 53 OF 2021 

Summary: Pre-arrest bail granted under section 438 C.r.P.C with conditions imposed by the court – Manipur high court Application for approval of a pre-arrest bail was granted by a single bench of HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH in the case of Oinam Rajendro Singh VERSUS office in charge The learned counsel for the petitioner states from the bail objection report that the grievous hurt suffered by the victim has been caused by the accused person when the petitioner punched the victim on her face and that such grievous injuries were not caused by any other means or instrument as laid down in section 326 of the IPC and further submits that even accepting the aforesaid report as well as the statement made by the victim in its entirety, no offense is made out for committing the offense under Section 326 and Section 354-B by the petitioner and the offense under section 325 IPC may be attracted, which is a bailable offense and it can be understood that serious charges have been made against the petitioner without any basis and that the petitioner is entitled to grant pre-arrest bail because of the facts and circumstances of the present case. The learned public prosecutor submits that no prima facie case seems to be made out of the petitioner committing the offenses under section 326 and 354-B of the IPC however throughout the period from the date of the original report till today the petitioner has not been cooperating with the investigation at any point of time and he has been evading arrest by the police. After hearing from the learned counsel the court came to the view that the petitioner is entitled to grant of pre-arrest bail in the facts and circumstances of the present case and the bail is granted. Click here to read the judgment  Judgment reviewed by Naveen Sharma