Amarjeet Yadav vs State Of H.P

Vivek Singh Thakur, J

Present petition has been filed under Section 438 Cr.P.C. seeking direction to enlarge him on bail in case FIR No. 56 of 2020, dated 31.05.2020

registered in Police Station Chirgaon, District Shimla, under Section 306 IPC.

2 Status report stands filed wherein it is stated that petitioner has joined the investigation. It is also stated in status report that Ritika had committed

suicide on 30.5.2020 and it has been found that on 29.05.2020 at about 8.45 PM a telephonic conversation between the petitioner and deceased Ritika

had taken place, which has been recorded in mobile phone of deceased Ritika wherein petitioner has been found abusing the deceased for compelling

her to die. However, it is also stated in status report that 2-3 pages written by deceased Ritika addressed to her father have also been found wherein

Ritika had written that she wanted to become a doctor and her family members had also having hopes from her, but, everything had vanished, and in

that note, she has not accused anyone being responsible for her death. Investigation is yet in progress, however, custodial interrogation has not been

warranted in status report at this stage. Voice sample of petitioner has also been obtained on 27th March, 2021. Report with respect to voice sample

as well as handwriting on pages, stated to be written by Ritika, is yet to be received from State FSL Junga.

3 Learned counsel for the petitioner submits that interrogation from petitioner is almost complete and nothing is to be recovered from him and further

that petitioner is ready to abide by any condition, to be imposed upon him, in the event of grant of bail and is also ready to give local surety. Therefore,

in the aforesaid circumstances, I find that petitioner may be enlarged on bail at this stage.

4 In view of above, the petitioner is ordered to be released on bail, subject to his furnishing personal bond in the sum of Rs.50,000/- with two sureties

one of which shall be local surety as undertaken, in the like amount to the satisfaction of trial Court on or before 21st June, 2021, subject to the

following conditions:-

(i) That the petitioner shall make himself available during the investigation as well as trial on each and every date 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 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 the petitioner shall not obstruct the smooth progress of the investigation as well as trial;

(iv) That the petitioner shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if

any, in advance, to concerned Police Station;

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is

suspected;

(vi) In the event of repetition of commission of offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by

prosecution/police;

(vii) That the petitioner shall not leave India without prior permission of Court;

(viii) That petitioner shall not misuse his liberty in any manner.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and

circumstances of the case and in the interest of justice. It will also be open to the trial Court/Magistrate 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.

Learned 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 18.3.2013.

8 Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application

filed under Section 438 of Code of Criminal Procedure 1973.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of

the order, however, they may verify the order from the High Court website or otherwise.

Petition stands disposed of.

Dasti copy on usual terms.