Raj Kumar vs State Of Himachal Pradesh

Vivek Singh Thakur, J

The instant petition has been filed under Section 438 of the Criminal Procedure Code (in short Cr.P.C.) seeking anticipatory bail in case FIR No.83

of 2021, dated 15.06.2021, registered in Police Station Nadaun, District Hamirpur, H.P., under Sections 306 and 498-A of the Indian Penal Code (in

short ‘IPC’).

Status report stands filed, wherein it is stated that in initial complaint lodged by brother of the deceased, main accused Ram Pal, husband of

deceased, has been stated to be the culprit, as according to complainant, victim was compelled to commit suicide, on account of harassment by her

husband. It is also stated that in the statements of Pankaj Kumar, Kamlesh Kumari and Ravinder Kumar, who are respectively brother, mother and

uncle of deceased, recorded under Section 161 Cr.P.C., alongwith accused Ram Pal, present petitioner-Raj Kumar and his sister Suman Sharma

(Nanad of deceased) have also been named as accused.

SI Puni Chand present in Court has submitted that petitioner has joined investigation and his custodial interrogation is not required.

On the basis of material placed before me and submissions made by the police officer present in person, petitioner can be treated differently than

main accused Ram Pal.

Considering entire facts and circumstances and submissions made, interim bail granted on 21.06.2021 is confirmed, subject to furnishing personal

bond by the petitioner in the sum of `50,000/- with one surety in the like amount, to the satisfaction of the trial Court, within two weeks 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/accused at the time of trial and also subject to following conditions:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required

as permissible under law;

(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 him 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/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

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

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

(vii) that in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by

prosecution;

(viii) that the petitioner shall not leave the territory of India without prior permission; and

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, 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 petitioner 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 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.

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 this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the

bail application.

Petition is disposed of in aforesaid terms.

Copy dasti.

Petitioner is 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.