Himachal Pradesh High Court
Naresh Kumar vs State Of Himachal Pradesh on 24 February, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P (M) No. 323 of 2021 along
with Cr.M.P. (M) Nos. 324 and 325
of 2021
.
Date of decision: 24.2.2021
1. Cr.M.P. (M) No. 323 of 2021
Naresh Kumar. ...Petitioner.
Versus
State of Himachal Pradesh. ...Respondent.
2. Cr.M.P. (M) No. 324 of 2021
Vishwa Nath. ...Petitioner
Versus
State of Himachal Pradesh. ...Respondent.
3. Cr.M.P. (M) No. 325 of 2021
Reshma Devi. ...Petitioner
Versus
State of Himachal Pradesh. ...Respondent.
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner(s): Mr.Narender Kumar, Advocate, vice
Mr.Mohan Sharma, Advocate.
For the Respondent: Mr.R.P. Singh, Deputy Advocate General.
ASI Jawala Singh, Police Station Aut,
District Mandi, H.P. present along with
record.
Vivek Singh Thakur, Judge (oral)
Status report stands filed, wherein it is stated that
petitioners have joined the investigation and have been interrogated
and now nothing is to be recovered from them and at this stage
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
investigation is also complete. It is apparent from the status report that
custody of petitioners are not warranted by the Police.
2. In view of above, interim bail granted to the petitioners is
.
confirmed and they are directed to be released on bail on furnishing
personal bonds in the sum of `50,000/- each with one surety each, in
the like amount to the satisfaction of trial Court within two weeks, 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 the petitioners at the time of trial:-
(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
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 they 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 he is 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 they shall keep on informing about the change in address,
landline number and/or mobile number, if any, for their
availability to Police and/or during trial;
(viii) They shall not leave India without permission of the Court.
3. 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.
4. In case the petitioners violate any conditions 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.
5. 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 18.03.2013.
6. 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.
7. The petitioners are permitted to produce copy of order
downloaded from the High Court website and the trial Court shall not
insist for certified copy of the order, however, he may verify the order
from the High Court website or otherwise.
The petitions stand disposed of in the aforesaid terms.
(Vivek Singh Thakur),
24th February, 2021 Judge.
(Keshav)
