CRMPM/298/2021
2021 Latest Caselaw 1043 HP

Cr.MP(M) No.298 of 2021 10.02.2021 Present: Ms. Leena Guleria, Advocate, for the

.

petitioner.

Mr. Hemant Vaid & Mr. Arvind Sharma, Additional Advocates General with Mr. Raju Ram Rahi & Mr. Amit Dhumal,

Deputy Advocates General, for the respondent-State, through Video Conference.

The petitioner is present in person and

has been identified as such by his learned counsel. He has surrendered to the jurisdiction of this Court and has been taken into custody of Constable Rajat Kumar

No.762, presently discharging frisking duty in this Court.

2. Notice. Mr. Hemant Vaid, learned Additional Advocate General, appears and waives service

of notice on behalf of the respondent-State. Status report be filed by the respondent, through E-mail, before the next date.

3. List on 12.02.2021.

4. It appears from the record that FIR No.220 of 2020 was initially registered on 29.12.2020

only under Section 376 of the Indian Penal Code at Police Station Dharamshala, District Kangra. The 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 aforementioned FIR. It is in this background that the petitioner has preferred the instant petition under Section 439 of the Code of Criminal Procedure for grant of bail.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated with the offences alleged in the FIR.

6. In view of the averments made in the petition and the submissions advanced by learned

.

counsel for the petitioner, till the next date of hearing, in the event of arrest of the petitioner, he is ordered to be released on bail in the aforesaid FIR on his furnishing

personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the learned Registrar(J)/Additional

Registrar(J)/Deputy Registrar(J), subject to the following conditions:-

(i). The petitioner, at the first instance, shall appear

before the Investigating Officer, Police Station

Dharamshala, District Kangra, H.P., on 11.02.2021 at 11:00 am.

(ii). The petitioner shall join the investigation of the case

as and when called for by the Investigating Officer in accordance with law and shall co-operate with the

Investigating Agency.

(iii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iv). The petitioner shall not leave India without prior permission of the Court.

(v). The 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.

Copy dasti.

                                      Jyotsna Rewal Dua
    February 10, 2021                   Vacation Judge
         Mukesh