Kailash And Others vs State Of Himachal Pradesh

Vivek Singh Thakur, J

By way of these petition(s), petitioner(s) are seeking regular bail under Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), in case FIR No.22 of 2021, dated 21.03.2021, registered in Police Janjheli, District Mandi, H.P., under Sections 323, 504 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC' in short) and Section 3(2)(va) of the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

Status report stands filed and placed in the record of Cr.M.P.(M) No.559 of 2021, wherein it is stated that petitioners have joined investigation and nothing is to be recovered from them and their custodial interrogation is not warranted in the case as investigation is almost complete.

Considering submissions of learned counsel for the petitioner(s) as well as contents of the status report, both the petitions are allowed and petitioners are ordered to be enlarged on bail, at this stage, in case FIR No.22 of 2021 dated 21. 03.2021, registered in Police Station Janjehli, District Mandi, H.P., on their furnishing personal bond in the sum of `50,000/-each with one surety each in the like amount, to the satisfaction of the trial Court/Special Judge/Sessions Judge/Additional Sessions Judge, Mandi, H.P., within two weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioners/accused at the time of trial and also subject to following conditions:-

(i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case 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 the petitioners shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitionesr shall not commit the offence similar to the offence to which they are accused or suspected;

(v) that the petitioners shall not misuse their liberty in any manner;

(vi) that the petitioners shall not jump over the bail;

(vii) that in case petitioners indulge in repetition of similar offence(s) then, their bail shall be liable to be cancelled on taking appropriate steps by prosecution; and

(viii) that the petitioners shall not leave the territory of India without prior information.

(ix) that petitioners shall inform the Police/Court their contact numbers and shall keep on informing about change in addresses and contact numbers, if any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, 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.

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 18.03.2013.

Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application(s).

Petition(s) are disposed of in aforesaid terms.

Copy dasti.

Petitioner(s) are permitted to produce copies of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of certified copies.