Daulat Ram And Others vs State Of H.P

Vivek Singh Thakur, J

Since all these petitions arise out of the same FIR, the same are consolidated and disposed of together in order to avoid repetition and for the sake

of convenience.

Present petitions have been filed under Section 439 Cr.P.C. seeking bail in case FIR No. 59 of 2021, dated 14.04.2021 registered under Section 506

read with Section 34 IPC and Section 3 of the SC and ST (Prevention of Atrocities Act), in Police Station Jhakhri, Rampur, Shimla, H.P.

Status reports stand filed, wherein details of circumstances in which the FIR has been registered have been elaborated. It is submitted on behalf of

Investigating Agency that petitioners have joined the investigation and their interrogation is almost complete and nothing is to be recovered from them

and their custodial interrogation is not warranted at this stage.

In view of above, I do not find that any fruitful purpose shall be served by rejecting the bail applications filed by petitioners. Accordingly, the

petitioners are ordered to be released on bail, subject to furnishing personal bond in the sum of Rs.25,000/- each with one surety each in the like

amount to the satisfaction of the trial Court within four weeks from today, subject to the following conditions:-

(i) That the petitioners shall make themselves available during investigation as well as the trial on each and every date as and when required;

(ii) That the petitioners 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. They shall not, in any manner, try to

overawe or influence or intimidate the prosecution witnesses;

(iii) That petitioners shall not obstruct the smooth progress of the investigation as well as trial;

(iv) That petitioners 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 petitioners shall not commit the offence similar to the offence to which they are accused or suspected or the commission of which they

are suspected.

(vi) That petitioners shall not misuse their liberty in any manner.

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

(viii) 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.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioners 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 to impose any other or further condition on the petitioners

as it may deem necessary in the interest of justice.

In case the petitioners violate any condition imposed upon them, their 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.

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.

The petitioners are 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.

Petitions stand disposed of.

Dasti copy on usual terms.