Baldev Kumar vs State Of H.P

Vivek Singh Thakur, J

Petitioner has approached this Court for regular bail, under Section 439 Cr.P.C., in case FIR No. 156 of 2020, dated 3.8.2020, registered in Police

Station Sadar Hamirpur, District Hamirpur, H.P. under Sections 506 IPC and 3(1)(r), 3(1)(s) of SC & ST Act.

2 Status report stands filed wherein it is stated that petitioner has joined the investigation and investigation is almost complete. Officer, present in

Court, submits that at this stage, nothing is to be recovered from petitioner and his custodial interrogation is also not warranted.

3 Considering the entire facts and circumstances of the case and keeping in view the status report as well as submissions made by learned Additional

Advocate General as well as ASI Deepak Raj, present in person, I am of the opinion that no fruitful purpose is going to serve by keeping the petitioner

behind the bars during pendency of trial and at this stage petitioner is entitled to be enlarged on bail. Therefore, the petitioner is ordered to be released

on bail, subject to furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the learned Special Judge,

Hamirpur within two weeks from today, subject to the following conditions:-

(i) That the petitioner shall make himself available during investigation as well as the 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 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;

(ii) That he shall not obstruct the smooth progress of the investigation as well as trial;

(iii) That he 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) 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 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.

Petition stands disposed of. 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 439 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.