Himachal Pradesh High Court
Om Prakash vs State Of Himachal Pradesh on 5 March, 2021
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No. 342 of 2021
Date of Decision: 05.03.2021
.
______________________________________________________________________
Om Prakash ....Petitioner.
Vs.
State of Himachal Pradesh .....Respondent.
Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1 No.
For the petitioner: Mr. Ashok K. Tyagi, Advocate.
For the respondent: M/s Sumesh Raj, Dinesh Thakur and
r Sanjeev Sood, Additional Advocate
Generals, with M/s Kamal Kant Chandel
& Divya Sood, Deputy Advocate Generals.
ASI Dev Dutt, Investigating Officer, Police
Station Janjahali, District Mandi, H.P. is
present in person alongwith the case
record.
Ajay Mohan Goel, Judge (Oral):
Status report filed, which is ordered to be taken on
record.
2. Learned Additional Advocate General, on instructions,
informs the Court that after grant of anticipatory bail, the petitioner has
appeared for investigation and now his custody is not required for the
purpose of investigation. He further submits that however the petitioner
be directed to participate in the investigation as and when directed by the
Investigating Officer.
Whether the reporters of the local papers may be allowed to see the Judgment?
3. Accordingly, this petition is disposed of by confirming
order dated 23.02.2021, passed in FIR No. 01/2021, dated 01.01.2021,
.
registered under Sections 363, 366, 376, 376(2) and 120B of the Indian
Penal Code, Section 6 of the Protection of Children from Sexual Offences
Act and Sections 10 & 11 of the Prohibition of Child Marriage Act, 2006
at Police Station Janjehli, District Mandi, H.P., subject to the following
conditions:
"i)
Petitioner shall furnish
bond in the sum of Rs. 20,000/ with one surety
in the like amount to the satisfaction of learned
personal
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
v) He shall not leave the territory of
India without prior permission of the Court."
4. It is clarified that 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 comply 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.
(Ajay Mohan Goel)
Judge
March 05, 2021
(bhupender)
