Veena Rana And Others vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Since these petitions arise out of the same FIR, the same are consolidated and disposed of together in order to avoid repetition and for the sake of convenience.

2 Petitioners have approached this Court, invoking provisions of Section 438 of Code of Criminal Procedure (in short ‘Cr.PC’), seeking bail in case FIR No. 19 of 2022 dated 19.7.2022, registered under Sections 498-A, 504 and 506 of Indian Penal Code (in short “IPC”) in Women Police Station BCS, Shimla District Shimla H.P.

3 Status report stands filed. The same is perused and taken on record.

As per status report, all petitioners, except Veena Rana, have joined the investigation. Learned counsel for petitioners submits that petitioner Veena Rana could not join the investigation because of her ailment.

During pendency of these petitions, petitioners have also handed over the Istri Dhan, enlisted by complainant in the list submitted to the police, and interrogation of petitioners, except Veena Rana, is almost complete and Veena Rana has undertaken to join the investigation immediately after improvement in her health. Further, it is not a case where custodial interrogation of petitioners is warranted.

4 Without considering merits of rival contentions of parties, but taking into consideration the aforesaid facts and circumstances of the case and also taking note of the factors and parameters, required to be considered at the time of adjudication of bail application, as propounded in various pronouncements of the Courts, including the Supreme Court, I am of the opinion that, at this stage, petitioners may be enlarged on bail in present case.

5 Accordingly, the interim bail granted to the petitioners on 10.8.2022 is confirmed, subject to furnishing personal bond in the sum of Rs.50,000/- each with one surety each in the like amount to the satisfaction of the trial Court/Chief Judicial Magistrate/Additional Chief Judicial Magistrate/Judicial Magistrate First Class, Shimla, within three weeks from today and also subject to any further conditions to be imposed by trial Court for assuring their presence during trial including the following further conditions:-

(i) That the petitioners shall make themselves available during the investigation as well as trial on each and every date as and when required;

(ii) That the petitioners 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. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) That the petitioners shall not obstruct the smooth progress of the investigation as well as trial;

(iv) That the petitioners 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 petitioners shall not commit the offence similar to the offence to which they are accused or suspected or the commission of which they are 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 petitioners shall not leave India without prior permission of Court;

(viii) That petitioners shall not misuse their liberty in any manner.

6 It will be open to the prosecution to apply for imposing any such other or further condition on the petitioners 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.

7 In case the petitioners violate any condition imposed upon them, their 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.

8 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.

9 Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of these bail applications filed under Section 438 of Code of Criminal Procedure 1973.

The parties are permitted to produce/use copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, it may verify placing of the order from the High Court website or otherwise.

Petitions stand allowed and disposed of in aforesaid terms.