Sanju vs State of Himachal Pradesh

The petitioner has sought regular bail in FIR No.114 of 2016 dated 3.6.2016, registered at Police Station, Rampur Bushahr, District Shimla, H.P. under Sections 341, 323, 326, 307 and 34 IPC.

The respondents have produced the records of investigation and have also filed the status report.

It cannot be disputed that the offences for which the petitioner has been charged are serious and grave in nature, however, then it is not in dispute that the two other accused, in this case, have already been ordered to be released on bail.

It also needs to be observed that as per prosecution story, it is the petitioner, who is alleged to have played the key role. However, the exact complexity and role played by the petitioner would be a matter of trial, but then the same cannot be a ground to further curtail the liberty of the petitioner, especially when he is in the judicial custody.

Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in case FIR No.114 of 2016 dated 3.6.2016, registered at Police Station, Rampur Bushahr, District Shimla, H.P. under Sections 341, 323, 326, 307 and 34 IPC, on his furnishing personal bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of Judicial Magistrate Ist Class, Rampur Bushahr, District Shimla, with the following conditions:- (i) 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;

(ii) he shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(iii) 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

(iv) he shall not leave the territory of India without prior permission of the Court.

Learned Judicial Magistrate Ist Class, Rampur Bushahr, District Shimla, 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.

Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove. Petition stands disposed of.

Copy Dasti.