Rangila Ram vs State Of Himachal Pradesh

Ajay Mohan Goel, J

ASI Kamla Devi, IO, Women Police Station Mandi, is present with case record.

Status report has been filed which is perused and ordered to be taken on record.

On instructions, learned Additional Advocate General submits that after the grant of interim bail, the petitioner has duly participated in the course of investigation as and when directed by the Investigating Officer. Further, as of now, no recovery etc. is to be effected at his instance. However, as per him, grant of anticipatory bail is not warranted in the facts of the case.

At this stage, Ms. Ambika Kotwal, learned Counsel, appears and submits that she has been engaged by the complainant in the matter and she he heard.

Having heard learned Counsel for the petitioner as well as learned Additional Advocate General and learned Counsel for the complainant and having carefully gone through the status report, as it is not disputed by the prosecution that the petitioner is cooperating in the course of investigation, this Court is of the considered view that it will be in the interest of justice, in case, the petitioner is ordered to be released on bail.

Ms. Ambika Kotwal, learned Counsel for the complainant submits that taking into consideration the gravity of the offence alleged to have been committed by the petitioner, if the petitioner is released on bail, there is each and every possibility that he may try to create hurdles in the course of investigation and trial. In this regard, all that this Court can observe at this stage is that liberty is granted both to the prosecution as well as the complainant that in the event of the petitioner indulging in any such act, they will be at liberty to approach the Court for cancellation of the bail.

Therefore, taking into consideration the fact that the petitioner is cooperating in the course of investigation and nothing is required to be recovered at the instance of the petitioner, this petition is allowed and petitioner is ordered to be released on bail in FIR No. 20 of 2023, dated 08.05.2023, registered under Sections 376(n) and 506 of the Indian Penal Code, at Mahila Police Station Sadar, District Mandi, H.P by making order dated 10.05.2023 as absolute, subject to the following conditions:-

·         Petitioner shall furnish personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned JMFC/ACJM/CJM concerned within two weeks.

·         He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

·         He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

·         He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

·         He shall not leave the territory of India without prior permission of the Court.

It is clarified that findings, which have been returned by this Court while deciding this petition, are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced, in any manner, whatsoever, by any of the findings so returned by this Court in the adjudication of this petition, during the course of trial of the case.

Downloaded copy of this order from the official website of this Court shall be valid for compliance.