Rajdeep Sharma vs State Of H.P

Vivek Singh Thakur, J

Present petition has been filed under Section 438 Cr.P.C. seeking direction to enlarge him on bail in case FIR No. 247 of 2020, dated 31.10.2020 registered in Police Station Sadar, under Section 420 IPC.

2 Status report stands filed wherein it is stated that complainant in this case had made a statement to Investigating Officer and had also produced an affidavit of mutual settlement wherein it is stated that petitioner Rajdeep Sharma had paid to her Rs. 10 lacs on 19th January, 2021 in lieu of Rs.8,71,000/-received by him by transferring this amount in her Account No.635301502971 in ICICI Bank, The Mall, Shimla.

3 It is stated by the Officer, present in Court, that in this case, the custodial interrogation of petitioner is not warranted. In view of above, the petitioner is ordered to be released on bail, subject to his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of concerned Chief Judicial Magistrate/Judicial Magistrate/trial Court within two 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 4 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 438 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.