Amar Dev Sharma vs State Of H.P

Vivek Singh Thakur, J

Status Report stands filed.

In the Status Report, it is stated that the petitioner has joined the investigation and he has been interrogated and documents, relevant for the purpose of investigation, have also been taken in possession by the Investigating Officer.

It is further stated in the Status Report that statements of witnesses have been recorded and the same have also been videographed and, as per investigation, prima facie case is made out against petitioner Amar Dev Sharma and co-accused Leela Devi, however, allegations made against Permila Devi, Mukesh Kumar and Deepak Kumar have not been substantiated on the basis of evidence on record.

It is also stated in the Status Report that co-accused Leela Devi was arrested on 16.4.2021 and was produced before learned Sessions Judge, Bilaspur, on 17.4.2021, on which date she had been enlarged on bail. It is also stated that nothing is to be recovered from the petitioner and his interrogation, at this stage, is complete, however, investigation of the case is continuing.

Considering the entire facts and the circumstances of the case and the material before me, I am of the opinion that it is a case where the petitioner may be enlarged on bail. Accordingly, the petitioner is ordered to be released on bail on his furnishing personal bond in the sum of `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 the petitioner/accused at the time of trial and also subject to following conditions:

(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/her 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 he 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 the petitioner shall not leave the territory of India without prior permission of the Court.

(viii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the accused-petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice.

In case the petitioner violates any of the conditions 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 hereinabove shall not affect the merits of the case in any manner and are strictly confined for the disposal of the present bail application.

Application stands disposed of.

The petitioner is permitted to produce copy of this order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, passing of the order may be verified from the High Court website or otherwise.