Khurshid Ali And Others vs State Of H.P

Vivek Singh Thakur, J

Petitioner has approached this Court, invoking provisions of Section 439 of Cr.P.C., for enlarging him on bail in case FIR No. 158 of 2021, dated 9.11.2021, registered under Sections 341, 323, 506, 34 of the Indian Penal Code (for short 'IPC') and Section 3(i)(r)(s) of Schedule Case and Schedule Tribe (Prevention of Atrocities) Act 1989 in Police Station Majra, District Sirmaur, H.P.

In status report filed on previous date, it was stated that injury claimed by the complainant alleged to have been inflicted by the accused persons, was to be verified as to whether the same was old one or caused during the alleged incident.

Fresh status report has been filed today, wherein it has been stated that as per information of the doctor, injury is old fracture and all the injuries received by complainant in present case are simple in nature. Petitioners are joining investigation and nothing is required to be recovered from them.

Learned Deputy Advocate General, under instructions of Police Officer present in the Court submits that at this stage, custodial interrogation of the petitioners is not warranted.

In view of above, petitioners are ordered to be released on bail in case FIR No. 158 of 2021, dated 9.11.2021, registered at Police Station, Majra, District Sirmaur, H.P., subject to furnishing personal bonds in the sum of `35,000/- each with one surety each in the like amount to the satisfaction of trial Court within two weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including conditions enumerated hereinafter, so as to ensure presence of the accused during trial:-

(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 the petitioners 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 his liberty in any manner;

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

(vii) that the petitioners shall keep on informing about the change in address, landline numbers and/or mobile numbers, if any, for their availability to Police and/or during trial;

(viii) that the petitioners 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 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 conditions 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 18.03.2013.

Observations made in this petition hereinbefore shall not affect 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, it may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.

Dasti copy on usual terms.