(By Sh.Sanjeev Kumar Suri vs State Of Himachal Pradesh
2021 Latest Caselaw 4438 HP

Citation : 2021 Latest Caselaw 4438 HP
Judgement Date : 9 September, 2021

Himachal Pradesh High Court

(By Sh.Sanjeev Kumar Suri vs State Of Himachal Pradesh on 9 September, 2021

Bench: Vivek Singh Thakur

                                  1




           IN THE HIGH COURT OF HIMACHAL PRADESH AT
                            SHIMLA




                                                          .
                ON THE 9th DAY OF SEPTEMBER, 2021





                                BEFORE
            HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





          CRIMINAL MISC. PETITION (MAIN) NO.1715 OF 2021

    Between:-





    SALOCHNA DEVI
    W/O SH. SURESH KUMAR,
    RESIDENT OF VILLAGE BHOOR,
    P.O. BHALOUN, TEHSIL BANGANA,
    DISTRICT UNA, H.P. AGED 56 YEARS

    (BY  SH.SANJEEV     KUMAR    SURI,

    ADVOCATE)
                                                            .....PETITIONER

    AND


    STATE OF HIMACHAL PRADESH
                                                           ...RESPONDENT

    (BY SH.YUDHVIR SINGH,       DEPUTY




    ADVOCATE GENERAL)

          CRIMINAL MISC. PETITION (MAIN) NO.1716 OF 2021





    Between:-
    KARAN KUMAR





    S/O SH. SURESH KUMAR,
    RESIDENT OF VILLAGE BHOOR,
    P.O. BHALOUN, TEHSIL BANGANA,
    DISTRICT UNA, H.P. AGED 33 YEARS

    (BY  SH.SANJEEV     KUMAR    SURI,                      .....PETITIONER
    ADVOCATE)

    AND

    STATE OF HIMACHAL PRADESH
                                                           ...RESPONDENT

    (BY MR.YUDHVIR SINGH,       DEPUTY
    ADVOCATE GENERAL)




                                         ::: Downloaded on - 31/01/2022 23:02:57 :::CIS
                                         2

    SUB INSPECTOR DILBAG SINGH,
    WOMEN POLICE STATION BADDI,
    H.P., is present in person.


                    These petitions coming on for orders this day, the




                                                                .
    Court passed the following:





                                      ORDER

In these petitions, Petitioners have approached this

Court seeking bail under Section 438 Code of Criminal Procedure

(in short 'Cr.P.C.'), in case FIR No.66 of 2021, dated 22.08.2021,

registered in Women Police Station Baddi, Police District Baddi,

H.P., under Sections 498A and 506 of the Indian Penal Code (in

short 'IPC').

2. Status reports stands filed, wherein it is stated that

petitioners have joined investigation and they have been

interrogated and in compliance of order passed by this Court

they have been enlarged on interim bail on furnishing personal

bond in the sum of `50,000/- each with one surety each in the

like amount.

3. It has been further stated in the status report that on

08.09.2021, statement of complainant was recorded before

learned Judicial Magistrate First Class, Nalagarh, under Section

164 Cr.P.C., wherein she has named her sister-in-law (Nanad)

Diksha. Whereas, in FIR she has named her brother-in-law

(Devar) Arun Kumar and sister-in-law (Devrani) Shamli alongwith

Karan and Salochana.

4. It has also been stated in the status report that on

12.07.2021, counselling of both parties was conducted and they

had asked time up to 21.08.2021, but matter could not be

reconciled and complainant had pressed for registration of FIR

and, therefore, FIR under Sections 498A and 506 of IPC has been

registered in Women Police Station. Lastly, it has been stated

that for unveiling the curtain from the truth, further investigation

by associating local Panchayat is to be undertaken.

5. The Officer present in Court submits that at present

custodial interrogation of the petitioners is not warranted.

6. Considering entire material on record, without

assessing it on merit, principles and factors relevant to be

considered at the time of deciding bail application with reference

to aforesaid facts and circumstances placed before me, and

submissions made by learned counsel for the petitioners as well

as Officer present in Court, I find that, at this stage, petitioners

are entitled for bail.

7. Accordingly, present petitions are allowed and

petitioners are directed to be enlarged on bail and interim bail

granted on 03.09.2021 is confirmed, subject to furnishing

personal bonds in the sum of `50,000/- each with one surety

each in the like amount, to the satisfaction of the trial Court,

within three weeks from today, 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 petitioners/accused at the time of trial and also subject to

following conditions:-

(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 them 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 the petitioners 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 they are 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 in case petitioners indulge in repetition of similar

offence(s) then, their bail shall be liable to be cancelled on taking appropriate steps by prosecution;

(viii) that the petitioners shall not leave the territory of

India without prior permission; and

(ix) that the petitioners shall inform the Police/Court their contact numbers and shall keep on informing about change in addresses and contact numbers, if any, in future.

8. 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.

9. In case the petitioners violate any condition 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.

10. Trial Court is directed to comply with the directions