Surinder Mehta vs Pradesh
2021 Latest Caselaw 4230 HP

       IN      THE      HIGH      COURT OF         HIMACHAL            PRADESH,
                                        SHIMLA
                      ON THE 27th DAY OF AUGUST, 2021




                                                                      .
                                        BEFORE





                 HON'BLE MR. JUSTICE AJAY MOHAN GOEL

               CRIMINAL MISC. PETITION (MAIN) NO.1607 OF 2021





    Between:

    RAJ KUMAR SON OF SHRI





    SURINDER MEHTA, RESIDENT
    OF VILLAGE KOTI BADOG,
    POST   OFFICE   BHAROLI,
    TEHSIL RAJGARH, DISTRICT
    SIRMOUR, H.P.
                       r                                            ....PETITIONER.

    (BY. SHRI RAJESH VERMA, ADVOCATE )
    AND
    STATE OF HIMACHAL


    PRADESH.
                                                      ....RESPONDENT/STATE.
    (BY MR. SUMESH RAJ, MR.SANJEEV SOOD, ADDITIONAL




    ADVOCATES GENERAL, WITH MR.KAMAL KANT CHANDEL,
    DEPUTY ADVOCATE GENERAL.)





    MR. BHISHAM THAKUR, DY. S.P. RAJGARH, DISTRICT
    SIRMAOUR, H.P., PRESENT IN PERSON.





    Whether approved for reporting?1 No

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

                                     JUDGMENT

Status report filed, which is perused and ordered to be

taken on record.

Petitioner in this case has approached the Court for the

purpose of grant of anticipatory bail, in FIR No.73 of 2021, dated

.

13.08.2021, under Sections 341, 323, 326 of the Indian Penal Code

and Section 3 (i) (s) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989, registered at Police Station

Rajgarh, District Sirmaur, H.P. He was granted anticipatory bail,

vide order dated 18.08.2021, passed by this Court.

2. Learned counsel for the petitioner submits that

petitioner post grant of anticipatory bail has duly joined the

investigation.

3. Learned Additional Advocate General, on instructions,

submits that the petitioner has duly joined the investigation and as

of now no recovery etc. is to be effected from him.

4. Taking into consideration these facts, this petition is

allowed and order dated 18.08.2021, passed in FIR No.73 of 2021,

dated 13.08.2021, under Sections 341, 323, 326 of the Indian Penal

Code and Section 3 (i) (s) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989, registered at Police

Station Rajgarh, District Sirmaur, H.P., is made absolute, subject to

the following conditions:-

i) Petitioner shall furnish personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of learned Trial Court, within a period of two weeks from today.

ii) 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;

iii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

iv) 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

5.

r to

v) He shall not leave the territory of India without prior permission of the Court.

It is clarified that the findings which have been returned

by this Court while deciding this petition are only for the purpose of

adjudication of the present bail application and learned trial Court

shall not be influenced by any of the findings so returned by this

Court in the adjudication of this petition during the trial of the case.

It is further clarified that in case the petitioner does not complies

with the conditions which have been imposed upon him while

granting the present bail, the State shall be at liberty to approach

this Court for the cancellation of the bail. The petition stands

disposed of in the above terms.

Copy dasti.

    August 27, 2021                                   (Ajay Mohan Goel)
         (rishi)                                             Judge