Varun Kumar vs State Of H.P.

Vivek Singh Thakur, J

This petition has been preferred seeking regular bail under Section 439 Criminal Procedure Code (in short Cr.P.C.), in case FIR No.73 of 2020,

dated 12.03.2020, registered under the provisions of Sections 341, 323, 504 and 506 read with Section 34 of the Indian Penal Code (in short ‘IPC)

and Section 3(1) (r) (s) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘SC & ST Act’), in Police

Station, Haroli, District Una, H.P.

Status report filed by the State is not on record.

Learned Additional Advocate General, submits that investigation in this case is almost complete and petitioner has been interrogated and his

custodial interrogation is not warranted at this stage and nothing is to be recovered from him. Now, only report from the Forensic Science Laboratory

with respect to electronic evidence, is awaited and challan is likely to be presented in the Court in near future.

Considering entire facts and circumstances of the case, I am of the opinion that no fruitful purpose is going to be served by keeping the petitioner

behind the bars during trial and it is a fit case for enlarging the petitioner on bail during pendency of trial. Therefore, subject to furnishing his personal

bond in the sum of `30,000/- with one surety in the like amount to the satisfaction of the trial Court/Chief Judicial Magistrate/Judicial Magistrate

concerned, within four weeks from today, petitioner is enlarged on bail in case FIR No.73 of 2020, under Sections 341, 323, 504 and 506 read with

Section 34 of IPC and Section 3(1) (r) (s) of SC & ST Act, also subject to following further conditions:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case 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/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 he shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail; and

(vii) that he shall keep on informing about the change in addresses, landline number and/or mobile number, if any, for his availability to Police and/or

during trial.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary

in the facts and circumstances of the case and in the interest of justice.

In case the petitioner violate any conditions 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.

Trial Court/Chief Judicial Magistrate/Judicial Magistrate, 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.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the

bail application. Petition stands disposed of in the aforesaid terms.

The trial Court shall not insist for certified copy of the order and can verify the same from the High Court Website and from the Registry before

accepting the bail bonds to be furnished by the petitioner. Petitioner is at liberty to produce the downloaded copy of the order from the High Court

Website.