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Judgment
15 paragraphs · 555 wordsVivek Singh Thakur, J
Present petition has been filed under Section 438 Cr.P.C. seeking bail in case FIR No. 75 of 2020 dated 29.04.2020 registered at Police Station Amb, District Una under Sections 186, 188, 189, 353 and 504 read with Section 34 IPC.
Status report stands filed. Under instructions, learned Deputy Advocate General submits that investigation in present case is almost complete and nothing is to be recovered from petitioners and their custodial interrogation is not required.
3 Considering the nature and gravity of offence and submissions made on behalf of Investigating Officer, I am of the opinion that no fruitful purpose is going to serve by keeping the petitioners behind the bars during pendency of trial and at this stage petitioners are entitled to be enlarged on bail, subject to furnishing personal bond in the sum of Rs.30,000/-each with one surety each in the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Amb, District Una within two weeks from today, subject to the following conditions:-
(i) That the petitioners shall make themselves available before Investigating Officer as well as the trial Court on each and every date as and when required, in accordance with law;
(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 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;
(ii) That they shall not obstruct the smooth progress of the investigation as well as trial;
(iii) That they 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 P.S. Amb, District Una.
(v) That the petitioners shall not commit the offence similar to the offence to which they are accused or suspected or the commission of which he is suspected.
(vi) That petitioners shall not misuse their liberty in any manner.
It will be open to the prosecution to apply for imposing any such other or further condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also 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 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.
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.
Petition stands disposed of. 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 438 of Code of Criminal Procedure 1973.
Registry is directed to transmit a copy of the order, through E-mail, to Additional Chief Judicial Magistrate, Amb, District Una. The Additional Chief Judicial Magistrate shall not insist for certified copy of the order.