Abhilov Kumar vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court invoking provisions of Section 438 of Criminal Procedure Code (Cr.P.C) seeking bail in case FIR No. 118/2021 dated 21.10.2021, registered in Police Station, Manali, under Sections 341, 323 and 506 of Indian Penal Code (IPC) and Section 3 of the Prevention of Damage to Public Property Act (PDP Act).

Status report stands filed. Record was also produced and after perusal, the same was returned with a direction to the learned Additional Advocate General to retain the photocopies of the relevant documents.

At this stage, learned counsel for the petitioner submits that parties are in process of settling the dispute amicably and petitioner had already approached the complainant for the said purpose and learned counsel for the complainant has endorsed the said statement.

Taking into consideration entire facts of the case placed before me and also submission made by the learned counsel for the parties, I am of the considered opinion that it would be appropriate to enlarge the petitioner on bail.

Accordingly, petition is allowed and petitioner is ordered to be released on bail in case FIR No.118/2021 dated 21.10.2021, on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court, within two weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure presence of petitioner/accused at the time of trial:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner shall 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that in case petitioner indulge in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution; and

(viii) that the petitioner shall not leave the territory of India without prior permission of the Court.

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

Petition is disposed of in aforesaid terms.

Copy dasti.

Petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy.