Nirmal Pathania @ Rinku vs State Of H.P.

Sureshwar Thakur, J

The bailÂpetitioner is facing charges, for, commission of offence(s) punishable under Section 302 of the IPC, and, under Section 3 (2)(VA)SC &

ST Act, hence, registered at Police Station, Fatehpur, District Kangra, H.P.

The claim of the bailÂpetitioner, for, his becoming released on bail, is, rested upon the factum, (a) his son becoming encumbered with, a, 75

percentum disability, in as much as, his being paralytic, and, also his being deaf and dumb, (b) his aged father suffering from arthritis, and, (c) his aged

mother being paralytic. Consequently, with the petitioner becoming the only family member, to, attend to the afore grave medical conditions, besetting

respectively, his aged parents, and, also his disabled son, his claim in the extant application being amenable, for, being allowed.

On the previous date, the learned Additional Advocate General was directed, to, file a detailed status report, in respect of the truth, of, the afore

made averments, in the bail petition. A perusal of the status report, as becomes placed on record, by the learned Additional Advocate General,

discloses, that the afore made averments, do carry an aura of veracity. Furthermore, it has also been uncontestedly stated, by, the learned counsel for

the bail petitioner, that, the statements of the material prosecution witnesses, stand already recorded, whereupon, the releasing on bail of the bail

petitioner, is just and essential, as, thereupons, he would not be enabled to hence tamper with the prosecution evidence. Consequently, this Court is

constrained to afford, the facility, of bail visÂaÂvis, the bail petitioner. Accordingly, the bail petitioner is ordered to be released, from, judicial custody,

subject to compliance, by him, with the following conditions:

i) That he shall furnish personal and two surety bonds in the sum of Rs. 1,00,000/Â​, each to the satisfaction of the learned trial Court concerned.

ii) That he shall join the investigation, as and when required by the Investigating agency.

iii) That he 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 from disclosing such facts to the Court or to the Police.

iv) That he shall not leave India without the prior permission of the Court.

v) That he shall deposit his passport, if any, with the Police Station, concerned.

vi) That in case of violation of any of the conditions, the bail granted to the bail applicant shall be forfeited and he shall be liable to be taken into

custody.

(vii) That upon his reÂ​indulging in criminal activities, it shall be open to the respondent, to move this Court for cancellation of bail.

Any observation made herein above, shall not be, taken an expression or opinion, on the merits of the case, and, the trial Court shall decide the

matter uninfluenced, by any observation, made herein above.

Dasti copy.