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Judgment
35 paragraphs · 591 wordsVivek Singh Thakur, J
Present petition has been filed under Section 439 Cr.P.C. seeking direction to enlarge the petitioner on bail in case FIR No. 63 of 2021, dated
13.04.2021, registered in Police Station Theog, District Shimla, under Sections 341 and 506 IPC and Section 3 of the SC&ST (Prevention of
Atrocities) Act.
2 Status reports stands filed, wherein details of circumstances in which the FIR has been registered have been elaborated. It is submitted on behalf of
Investigating Agency that petitioner has joined the investigation and his interrogation is almost complete and nothing is to be recovered from him and
his custodial interrogation is not warranted at this stage.
3 In view of above, the petitioner is ordered to be released on bail, subject to his furnishing personal bond in the sum of Rs.25,000/- with one surety in
the like amount to the satisfaction of trial Court within four weeks from today, subject to the following conditions:-
(i) That the petitioner shall make himself available during the investigation as well as trial on each and every date as and when required;
(ii) That the petitioner 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. He shall not, in any manner, try to overawe or
influence or intimidate the prosecution witnesses;
(iii) That the petitioner shall not obstruct the smooth progress of the investigation as well as trial;
(iv) That the petitioner 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;
(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is
suspected;
(vi) 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;
(vii) That the petitioner shall not leave India without prior permission of Court;
(viii) That petitioner shall not misuse his liberty in any manner.
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.
In case the petitioner violates 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.
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.
7 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.
The petitioner is 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.
