Ms.Sheetal Vyas vs (By Sh.Dinesh Thakur
2021 Latest Caselaw 3992 HP

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           IN THE HIGH COURT OF HIMACHAL PRADESH AT
                            SHIMLA




                                                         .
                 ON THE 18th DAY OF AUGUST, 2021





                              BEFORE
            HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





          CRIMINAL MISC. PETITION (MAIN) NO.1177 OF 2021

    Between:-





    BAHADUR SINGH
    AGED 31 YEARS,
    S/O SH.GOPI CHAND,
    VILLAGE JADI DEORI,
    AANI, KULLU, H.P.

    (BY    SH.AJIT    SHARMA     VICE

    MS.SHEETAL VYAS, ADVOCATE)
                                                           .....PETITIONER

    AND


    STATE OF HIMACHAL PRADESH,
    THROUGH SECRETARY HOME,
    GOVERNMENT       OF    HIMACHAL
    PRADESH, SHIMLA,




    HIMACHAL PRADESH





    (BY SH.DINESH THAKUR, ADDITIONAL
    ADVOCATE GENERAL)
                                                          ...RESPONDENT





          CRIMINAL MISC. PETITION (MAIN) NO.1178 OF 2021
    Between:-
    MAST RAM,
    AGED 52 YEARS,
    SON OF SHRI CHET RAM,
    R/O VILLAGE JADI DEORI,
    P.O. AANI, TEHSIL ANNI,
    DISTRICT KULLU,H.P.
                                                           .....PETITIONER
    (BY    SH.AJIT    SHARMA     VICE
    MS.SHEETAL VYAS, ADVOCATE)

    AND




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    STATE OF HIMACHAL PRADESH,
    THROUGH SECRETARY HOME,
    GOVERNMENT       OF    HIMACHAL
    PRADESH, SHIMLA,
    HIMACHAL PRADESH




                                                                .

    (BY SH.DINESH THAKUR, ADDITIONAL
    ADVOCATE GENERAL)
                                                                 ...RESPONDENT





                This petition coming on for orders this day, the Court
    passed the following:
                                  ORDER

In these petitions Petitioners have approached this

Court seeking bail under Section 438 Code of Criminal Procedure

(in short 'Cr.P.C.'), in case FIR No.32 of 2021, dated 17.04.2021,

registered in Police Station Anni, District Kullu, H.P., under

Section 365 of the Indian Penal Code (in short 'IPC').

2. Petitioners were enlarged on anticipatory/interim bail

vide order dated 26.06.2021 and thereafter, they have been

interrogated.

3. Status reports on various dates have also been filed,

wherein it is stated that petitioners have been interrogated on

the basis of suspicion and it was found that they were in touch

with missing lady through telephonic conversation.

4. Learned Additional Advocate General has submitted

that investigation is still going on, however, at this stage,

custodial interrogation of petitioners is not warranted.

5. Considering entire material on record, without

assessing it on merit, principles and factors relevant to be

considered at the time of deciding bail application with reference

to aforesaid facts and circumstances placed before me, and

submissions made by learned counsel for the petitioners as well

.

as learned Additional Advocate General, I find that at this stage,

petitioners are entitled for bail.

6. Accordingly, present petitions are allowed and

petitioners are directed to be enlarged on bail and interim bail

granted on 26.06.2021 is confirmed, subject to furnishing

personal bonds in the sum of `50,000/- each with one surety

each in the like amount, to the satisfaction of the trial Court,

within three weeks from today, upon such further conditions as

may be deemed fit and proper by the trial Court, including the

conditions enumerated hereinafter, so as to ensure the presence

of petitioner/accused at the time of trial and also subject to

following conditions:-

(i) That the petitioners shall make themselves available to the police or any other Investigating Agency or

Court in the present case 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 them 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/trial;

(iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or suspected;

(v) that the petitioners shall not misuse their liberty in any manner;

(vi) that the petitioners shall not jump over the bail;

(vii) that in case petitioners indulge in repetition of similar

.

offence(s) then, their bail shall be liable to be cancelled on taking appropriate steps by prosecution;

(viii) that the petitioners shall not leave the territory of

India without prior permission; and

(ix) that the petitioners shall inform the Police/Court their contact numbers and shall keep on informing about

change in addresses and contact numbers, if any, in future.

7. It will be open to the prosecution to apply for

imposing and/or to the trial Court to impose any other condition

on the petitioners as deemed necessary in the facts and

circumstances of the case and in the interest of justice and

thereupon, it will also be open to the trial Court to impose any

other or further condition on the petitioners as it may deem

necessary in the interest of justice.

8. 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.

9. 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 18.03.2013.

10. Observations made in these petitions hereinbefore,

shall not affect the merits of the case in any manner and are

strictly confined for the disposal of the bail application.

.

11. Petitions are disposed of in aforesaid terms.

12. Copy dasti.

13. Petitioners are permitted to produce a copy of this

judgment, downloaded from the web-page of the High Court of

Himachal Pradesh, before the authorities concerned, and the said

authorities shall not insist for production of a certified copy but if

required, may verify it from Website of the High Court.

                         r                         (Vivek Singh Thakur),

                                                           Judge.
    August 18, 2021
          (Purohit)