High CourtsSingle Bench

Madan Lal Verma vs State Of H.P

High Court Of Himachal Pradesh · Decided on 13 May 2021 · Citation: (2021) 05 SHI CK 0111

HON’BLE JUDGES
Vivek Singh Thakur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 341, 506 · Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No.733 Of 2021
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Judgment

35 paragraphs · 591 words

Vivek Singh Thakur, J

1.

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.

4.

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.

5.

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.

6.

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.

8.

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.