Nissha Sood vs State Of Himachal Pradesh
2022 Latest Caselaw 11463 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     Cr.MP(M) No. 2754 of 2022
                                                     Decided on: 23.12.2022




                                                                           .

    Nissha Sood                                                        ....Petitioner.
                      Versus





    State of Himachal Pradesh                                      .... Respondent.

    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting? 1
    For the petitioner               :       Mr. Janesh Gupta, Advocate.

    For the Respondent                   :   Mr. Dinesh Thakur,                 Additional
                          r                  Advocate General.

    Ajay Mohan Goel, Judge (Oral)

Status report filed, which is ordered to be taken on

record.

Petitioner in this case has approached the Court for

the purpose of grant of anticipatory bail, in FIR No. 205 of 2022,

dated 9.11.2022, registered under Scheduled Caste and Scheduled

Tribe (Prevention of Atrocities) Act, at Police Station Dharamshala,

District Kangra, H.P.

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.

Whether reporters of the local papers may be allowed to see the judgment?

4. Taking into consideration these facts, this petition is

allowed and order dated 19.12.2022, passed in FIR No. 205 of

.

2022, dated 9.11.2022, registered under Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) Act, at Police Station

Dharamshala, District Kangra, H.P., is made absolute, subject to

the following conditions:-

i) Petitioner shall furnish personal bond in the

sum of Rs.50,000/- 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 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) 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.

There would be no need for a certified copy of this

order and learned counsel for the parties can download this order

alongwith case status from the from the official web page of this

Court and attest it to be a true copy.

                                                     (Ajay Mohan Goel)
                     r                                    Judge
    December 23, 2022

        (Guleria)