Dharminder Singh And Others vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioners have approached this Court, invoking provisions of Section 439 of Code of Criminal Procedure (in short ‘Cr.PC’), seeking regular

bail in case FIR No. 36 of 2021, dated 5.11.2021, registered under Sections 323, 325, 451, 147, 148, 149, 504 and 506 of Indian Penal Code and

Section 3 (1) (r) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (in short ‘SC&ST Act) in Police Station Manpura,

District Solan H.P.

2 Status report stands filed,it is stated that petitioners have joined the investigation and they have been interrogated. It has been further stated that

during investigation, it has also been surfaced that petitioner No. 10 Ajay Kumar son of Shri Shayam Lal was not involved in the commission of

offence.

As per status report, the Investigating Officer, present in Court, has submitted that investigation in present case is at the advanced stage and

custodial interrogation of petitioners is not warranted at this stage and recovery is also complete in this case.

4 In view of above, the petitioners No. 1 to 9 and 11 are ordered to be released on bail, subject to their furnishing personal bond in the sum of

Rs.30,000/- each with one surety each in the like amount to the satisfaction of trial Court within two weeks from today, subject to the following

conditions:-

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

(iii) 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 her 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;

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

(v) That the 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;

(vi) 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;

(vii) 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;

(viii) That the petitioners shall not leave India without prior permission of Court and they shall also in form the Investigating Officer/SHO concerned

before leaving State of Himachal Pradesh.

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

5 As no involvement of petitioner No. 10 is found, therefore, there is no need to furnish the bail bonds on his behalf.

6 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.

7 In case the petitioners violate 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.

8 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.

9 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.

10 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.

Petition stands disposed of.

Dasti copy on usual terms.