Kuldeep Singh And Others vs State Of H.P

Vivek Singh Thakur, J

By way of these petitions, petitioners are seeking regular bail under Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), in case FIR No.49 of 2021, dated 06.03.2021, registered in Police Station Rampur, District Shimla, H.P., under Sections 354, 323, 504 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC' in short) and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as the 'SC & ST Act').

Status report stands filed.

Learned Deputy Advocate General, under instructions, submits that investigation is almost complete and nothing is to be recovered from the petitioners. Therefore, custodial interrogation, at this stage, is not required.

Considering entire facts and circumstances, petition(s) are allowed and petitioners are directed to be enlarged on bail in case FIR No.49 of 2021, dated 06.03.2021, registered in Police Station Rampur, District Shimla, H.P., subject to furnishing personal bonds in the sum of Rs.35,000/- each with one surety each in the like amount, to the satisfaction of the trial Court, within a week 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 petitioner(s)/accused at the time of trial and also subject to following conditions:-

(i) That the petitioner(s) 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 petitioner(s) 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 them 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 petitioner(s) shall not obstruct the smooth progress of the investigation/trial;

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

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

(vi) that the petitioner(s) shall not jump over the bail;

(vii) that in case petitioner(s) 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 petitioner(s) shall not leave the territory of India without prior permission of the Court.

(ix) that the petitioner(s) shall inform the Police/Court their contact number(s) and shall keep on informing about change in addresses and contact number(s), 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 petitioner as it may deem necessary in the interest of justice.

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

Petition(s) are disposed of in aforesaid terms.

Copy dasti.

Petitioners are permitted to produce a copy 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 a certified copy but if required, may verify it from Website of the High Court.