Rajesh Khanna vs State Of H.P

Vivek Singh Thakur, J

Present petition has been filed under Section 439 Cr.P.C. seeking bail in case FIR No. 28 of 2021, dated 03.02.2021, registered under Sections 379

and 411 IPC in Police Station Jhakari, Tehsil Rampur Bushahr, District Shimla HP.

2.Status report stands filed wherein the circumstances in which the petitioner was apprehended and arrested in the present case have been explained.

It is further stated that co-accused Jia Lal has been enlarged on bail by the trial Court on 6th February, 2021, however, prayer of petitioner was

rejected on the ground of his criminal antecedents, as earlier also, he was found involved in commission of offences in three cases. As per status

report, case FIRs, wherein petitioner has been found involved earlier, were registered in 2003, 2011 and 2016.

3.At the time of consideration of bail on 6th February, 2021, it was too early to enlarge the petitioner on bail and therefore, trial Court has rightly

distinguished the case of petitioner from co-accused. However, at this stage when investigation is complete and nothing is to be recovered from the

petitioner as entire stolen property stands recovered, I find that petitioner may be enlarged on bail.

4.Accordingly, 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 the trial Court within two weeks from today, subject to the following conditions:-

(i) That the petitioner shall make himself available during 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 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 he shall not obstruct the smooth progress of trial;

(iv) That he 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 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.

8.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.

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.