Nisha Kumari vs State Of Himachal Pradesh on 13 December, 2019

[Cites 14, Cited by 16]

Himachal Pradesh High Court

Nisha Kumari vs State Of Himachal Pradesh on 13 December, 2019

Bench: Anoop Chitkara

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                         .
                                    Cr.MP(M) No. 2309 of 2019





                                    Date of Decision: December 13 , 2019

    Nisha Kumari                                                     ...Petitioner.





                                    Versus
    State of Himachal Pradesh                                        ...Respondent.

    Coram:





    The Hon'ble Mr. Justice Anoop Chitkara, Judge.
    Whether approved for reporting?1 No.
    For the petitioner        :     Mr. Rajiv Jiwan, Senior Advocate with Mr. Ajit
                       r            Sharma & Mr. Prashant Sharma, Advocates, for
                                    the petitioner.

    For the respondent        :     Mr. Ashwani K. Sharma and Mr. Nand Lal
                                    Thakur, Additional Advocates General for the
                                    respondent/State.



    Anoop Chitkara, Judge. (oral)

Petitioner is seeking regular bail in FIR No. 185 of 2019, dated 11.11.2019, registered on the basis of complaint of one Sh. Jai Gopal, under Sections 147, 149, 380, 452, 457, 435, 427, 504, 506, 508, 120B IPC in the file of Police Station Sarkaghat, Distt. Mandi, H.P.

2. This FIR traces its origin to the case FIR No. 184 of 2019, dated 9.11.2019, in which this Court had passed order dated 6.12.2019 in CrMPM No. 2070 of 2019, titled Bimla Devi vs. State of Himachal Pradesh, granting bail.

Whether reporters of Local Papers may be allowed to see the judgment?

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3. ASI Ravinder Kumar, Police Station Sarkaghat, Distt. Mandi, H.P., is present along with records. Status report stands filed in the .

Court and the same is taken on record. Police file perused to the extent it was necessary for deciding the present petition, and the same stands returned to the police official.

4. I have heard Mr. Rajiv Jiwan, learned Senior Counsel assisted by Mr. Ajit Sharma and Mr. Prashant Sharma, Advocates, for the bail petitioner and Mr. Ashwani K. Sharma & Mr. Nand Lal Thakur, learned Addl. Advocates Generals, for the State of Himachal Pradesh.

5. In the aforesaid FIR No. 184 of 2019, this Court has granted bail to one of the accused namely Bimla Devi in Cr.MP(M) No. 2070 of 2019, vide a detailed and reasoned order.

6. Applying the same reasoning, in my considered opinion, the judicial custody of the petitioner/accused is not going to serve any purpose whatsoever, and I am inclined to grant bail on the following grounds, but subject to stringent conditions:

(a) In the status report the Prosecution has alleged against the present bail petitioner Nisha Kumari that she is involved in offences punishable under Sections 147, 149, 380, 452, 457, 435, 427, 504, 506, 508, 120B IPC.

(b) Whatever is the ultimate outcome of the allegations, cannot be commented at this stage. There is no provision in ::: Downloaded on - 17/12/2019 20:26:01 :::HCHP 3 the Indian Penal Code, 1860 or in the Code of Criminal Procedure, 1973, which creates a total bar for grant of bail.

.

(c) The investigation is almost at the final stages of completion.

(d) The petitioner/accused is in judicial custody since Nov 10, 2019.

(e) The petitioner is a permanent resident of the address mentioned in the memo of parties, as such presence can always be secured.

(f) The petitioner has no criminal history.

(g) I am satisfied that no purpose will be served if the bail petitioner is continued in judicial custody.

7. Consequently, the present petition is allowed. The petitioner/accused shall be released on bail in the present case, in connection with the FIR mentioned above, on her furnishing personal bond in the sum of `10,000/- (rupees ten thousand) with two sureties in the like amount, to the satisfaction of the learned Trial Court/Chief Judicial Magistrate/Addnl. Chief Judicial Magistrate or any Judicial Magistrate of District Mandi, HP.

8. The Court executing the personal and surety bonds shall ascertain the identity of the bail-petitioner, her family members, and of sureties, through AADHAR Card, Pan Card, Ration Card, etc. The petitioner shall mention phone numbers and other details, on the reverse page of the bonds.

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9. The Counsel for the accused and the attesting official shall explain all conditions of this bail to the petitioner.

10. This Court is granting the bail, subject to the conditions mentioned herein. The petitioner/accused undertakes to comply with all directions given in this order, and the furnishing of bail bonds by the petitioner/accused is acceptance of all such conditions:

a) The petitioner undertakes to attend the trial.

b) The petitioner shall join the investigation as and when called by the Investigating Officer. However, whenever the investigation takes place within the boundaries of the Police Station or the Police Post, then the accused shall not be called before 9 AM and shall be let off before 5 PM.

c) The petitioner shall co-operate in the investigation.

d) The petitioner shall not hamper the investigation.

e) The petitioner undertakes not to threaten or browbeat or use any pressure tactics on the victims, complainant, and witnesses,

f) The petitioner shall neither influence nor try to control the investigating officer, in any manner whatsoever.

g) The petitioner undertakes not to make any inducement threat or promise, directly or indirectly, to the investigating officer or any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

h) In case the petitioner commits any offence prescribing the sentence of imprisonment of more than three years, within thirty days of knowledge of such FIR, the petitioner shall ::: Downloaded on - 17/12/2019 20:26:01 :::HCHP 5 intimate SHO of the present police station, with all the details of the present FIR as well as the new FIR. In such a situation, .

it shall be open for the State to apply to this Court for cancellation of this bail, if it deems fit and proper.

i) Within 30 days from today, the petitioner shall sell, or surrender, all firearms along with ammunition, and arms licenses, if any, to the authority which had given such permission.

11. The present bail order is only for the FIR mentioned above. It shall not be construed to be a blanket order of bail in all other cases, if any, registered against the petitioner.

12. Any observation made herein above is neither an expression of opinion on the merits of the case, nor shall the trial Court advert to these comments.

13. The SHO/Additional SHO of the concerned Police Station or the Investigating Officer to handover a copy of this order to the victims and explain it to them.

Petition stands allowed in the terms mentioned above.

Copy dasti.

(Anoop Chitkara), Judge.

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Himachal Pradesh High Court