Karan And Others vs State Of H.P.

Vivek Singh Thakur, J

These petitions, being adjudicated on the basis of common facts and identical status report, are being decided by this common order.

These petitions have been preferred seeking anticipatory bail under Section 438 Cr.P.C, in case FIR No. 153 of 2020 dated 30.06.2020 registered in Police Station, Sadar, District Shimla, H.P. under Sections 498-A, 504, 506 read with Section 34 of the Indian Penal Code.

Status report stands filed, wherein it is reported that the marriage of petitioner and complainant was solemnized on 18.04.2019 in the Court and after marriage, father-in-law as well as husband are maltreating, harassing and beating the complainant, which had led to filing of complaint in the police station but in the said case compromise had taken place, wherein father-in-law and husband of complainant had given in writing an undertaking not to harass the complainant. However, after 2 days of that compromise, father-in-law of the complainant had ousted her from house after snatching her ornaments and thereafter she along-with her husband had started living in a rented room but her husband i.e. petitioner Karan did not provide her beddings and ration and he uses to leave room every morning at 8.00 a.m and comes back late in the night at 11.00 p.m. He utters that he has kept her for the time being and further the parents of the complainant are feeding her and her in-laws have denied her right in their house with threatening to break legs of the victim and to kill her.

It is further recorded in the status report that her father-in-law Dharmender has refused to produce the ornaments of his daughter-in-law to the police by saying that his Advocate has advised not to do so. Learned counsel for the petitioner submits that these ornaments were purchased by the petitioners and, therefore they have kept these ornaments with them. It is a separate issue that these ornaments belongs to complainant as 'Istridhan' or not and whether the petitioners are entitled to keep these ornaments with them or bound to hand over the same to the complainant. However, at this stage, nothing has been brought on record other than that so as to establish that there is need of custodial interrogation of the petitioners at this stage.

In view of aforesaid facts and circumstances, without commenting upon the merits of the allegations and the evidence on record, interim bail granted in favour of the petitioners vide order dated 02.07.2020 is confirmed and they are ordered to be enlarged on bail in case FIR No. 153 of 2020 dated 30.06.2020 registered in Police Station, Sadar, District Shimla, H.P., subject to their furnishing personal bond in the sum of `50,000/- each with one surety each in the like amount to the satisfaction of the Arresting Officer and also subject to the 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/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;

iii) that they shall not obstruct the smooth progress of the investigation/trial;

iv) that the petitioners shall not commit the offence similar to the offence to which he is 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 he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial; and

viii) they shall not leave India without permission of the Court.

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.

In case the petitioners violate any conditions imposed upon him 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 18.03.2013.

Observations made in this order hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

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, he may verify the order from the High Court website or otherwise.

The petitions stand disposed of in the aforesaid terms.