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Judgment
Jyotsna Rewal Dua, J
Petitioner has prayed for regular bail in FIR No. 220/2020, dated 29.12.2020, registered at Police Station, Dharamshala, District Kangra. FIR in
question was initially registered on 29.12.2020, only under Section 376 of Indian Penal Code. Petitioner was granted anticipatory bail in the said FIR in
Cr.MP(M) No. 44 of 2021 vide judgment dated 15.01.2021. However, later on, Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 was also incorporated in the said FIR. It is in this background that the petitioner has preferred the instant petition. Interim
protection was granted to the petitioner in the instant petition vide order dated 10.2.2021.
As per the status report filed today and taken on record, the petitioner has joined the investigation on 11.2.2021 and is cooperating with the
investigating agency. Learned Counsel for the petitioner submits that he has not committed the offence alleged against him. Considering the fact that
petitioner’s previous bail petition in the instant FIR has already been allowed on 15.1.2021 and he has been cooperating with the investigating
agency even subsequent to the incorporation of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in the
FIR, as well as the fact that status report does not insist upon custodial interrogation of the petitioner, therefore, the interim protection dated 10.2.2021
granted in favour of the petitioner is made absolute subject to the following conditions:
(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully
cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;
(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:
(iii) Petitioner shall not contact the complainant or his family members in any manner whatsoever. Petitioner shall not contact, threaten or intimidate
the victim in any manner whatsoever.
 (iv) Petitioner will not leave India without prior permission of the Court.
(v) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the
facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;
(vi) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.
(vii) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in
the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,
PAN Card, Bank Account Number, if any.
In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of
the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an
opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.
With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.
Copy Dasti.