Citation : 2021 Latest Caselaw 1912 HP
Judgement Date : 9 March, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
Cr.MP(M) No.2506 of 2019
Decided on: 09.03.2021
Rajni Devi ....Petitioner.
Versus
State of Himachal Pradesh ...Respondent.
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the petitioner : Mr. Jyotirmay Bhatt, Advocate.
For the respondent : Mr. Sumesh Raj, Mr. Dinesh Thakur,
Mr. Sanjeev Sood, Additional Advocates
General, with Ms. Divya Sood,
K.K. Chaudhary, Deputy Advocates
General.
Ajay Mohan Goel, Judge (Oral)
Petitioner in this case has approached the Court
for the purpose of grant of anticipatory bail, in FIR No. 02 of
2019, dated 01.01.2019, under Sections 420, 406, 467, 468,
471 and 506 of the Indian Penal Code, registered at Police
Station Kala Amb, District Sirmaur, H.P.
Whether reporters of the local papers may be allowed to see the judgment?
2. Learned counsel for the petitioner submits that
.
petitioner has post grant of anticipatory bail 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 her.
4. Taking into consideration these facts, this petition
is allowed and order dated 31.12.2019, passed in FIR No. 02 of
2019, dated 01.01.2019, under Sections 420, 406, 467, 468,
471 and 506 of the Indian Penal Code, registered at Police
Station Kala Amb, District Sirmaur, H.P., is made absolute,
subject to the following conditions:-
i) Petitioner shall furnish personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned Trial Court, within a period of two weeks from today.
ii) She shall make herself 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) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.
iv) She 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) She shall not leave the territory of India without
prior permission of the Court.
5. 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 her 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 09, 2021 (Rishi)
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