CourtKutchehry.com
High CourtsSingle Bench

Anil Khachi vs State of H.P.

High Court Of Himachal Pradesh · Decided on 2 June 2010 · Citation: (2010) 06 SHI CK 0088

HON’BLE JUDGES
Surinder Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 147, 148, 149, 307, 323
CASE NUMBER
Criminal M.P. (M) No. 475 of 2010
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

13 paragraphs · 393 words

Surinder Singh, J.—The instant application has been moved u/s 439 of the Code of Criminal Procedure for grant of bail to the Petitioner, who was allegedly one of the assailants in case FIR No. 36/2010 under Sections 147, 148, 149, 323, 324, 325, 326, 307 and 506 Indian Penal Code in Police Station Theog.

2.

Two of the Petitioners, namely, Vikram @ Vickey and Sandeep were granted bail by this Court on 30.4.2010. Other accused are stated to have been granted bail by the learned Additional Sessions Judge on 20.5.2010.

3.

Challan in this case is complete pending scrutiny. Some reports of the forensic science are yet to be received.

4.

Petitioner was arrested on 23.3.2010. Now he is lodged in Judicial Lock-up. Keeping in view the aforesaid facts, his custodial interrogation is not required. The Petitioner has his roots in the society and can be enlarged on bail by imposing appropriate conditions.

5.

In view of this, the instant application is allowed and it is ordered that the Petitioner be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Judicial Magistrate, theog and this bail shall be subject to the conditions that the Petitioner:

(a) shall present himself in the court and to the Investigating Officer as and when required to do so in this case.

(b) shall not terrorize the prosecution witnesses in any manner.

(c ) shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer.

(d) shall not involve himself in any criminal activity in any manner in future.

6.

Needless to say in case he commits any breach of any of the conditions above, the liberty of bail shall be cancelled.

7.

Any observation, made hereinabove is strictly for the disposal of this bail petition and shall not mean any expression on the merits of the case.

8.

Let an authenticated copy of this order be sent to the learned Judicial Magistrate, Theog forthwith for his information and necessary action at his end.

The copy be supplied to the counsel for the Petitioner, if applied urgently, as per rules. The application stands disposed of.