Himachal Pradesh High Court
Mukesh Sharma vs . State Of H.P. on 11 September, 2023
Author: Sushil Kukreja
Bench: Sushil Kukreja
Mukesh Sharma vs. State of H.P. Cr. MP(M) No. 2299/2023 .
11.09.2023 Present: Mr. Ajay Kochhar, Senior Advocate, with Mr. Anubhav Chopra, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent-State.
of Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives notice on behalf of the respondent/State.
rt The present bail application has been filed by the petitioner under Section 439 of the Code of Criminal Procedure for grant of bail in case FIR No.95/2023, dated 22.08.2023, under Section 3(1)(r)(s) of SC and ST (Prevention of Atrocities) Act 1989 and Sections 504 & 506 of the Indian Penal Code (for short "IPC"), registered at Police Station Dharampur, District Solan, H.P. In Ami Chand Versus State of Himachal Pradesh, Cr.MP(M) No.1116 of 2020, decided on 15th September, 2020, a Coordinate Bench of this Court held that in the absence of any riders or restrictions under Section 439, Cr.P.C., any person accused of a non-bailable offence, under any penal law, including the violations under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, can apply under Section 439 Cr.P.C., offering to surrender and simultaneously seeking interim bail. On receipt of such application, the Court is to satisfy that the applicant ::: Downloaded on - 11/09/2023 20:38:06 :::CIS stands arraigned as an accused in an FIR disclosing non-bailable .
offences. If all these parameters are complete, then the Courts are under an obligation to accept surrender.
The petitioner/accused is present in the Court and has offered to surrender, which has been accepted and, thus, he is of under the deemed custody of this Court.
As per the petitioner, he is innocent and has been falsely rt implicated in the present case. It is also averred that the allegations leveled in the FIR have been made solely with a view to harass the petitioner and as the petitioner is permanent resident of District Solan, he is not in a position to tamper with the prosecution evidence or flee from justice, if enlarged on bail and he is ready and willing to join the investigation.
Heard. At this stage, this Court finds that as the petitioner is permanent resident of District Solan, H.P. and he is ready and willing to join the investigation, it is ordered that till the next date of hearing, the petitioner be released on bail in case FIR No.95/2023, dated 22.08.2023, under Section 3(1)(r)(s) of SC and ST (Prevention of Atrocities) Act 1989 and Sections 504 & 506 of IPC, registered at Police Station Dharampur, District Solan, H.P., on his furnishing personal bond to the tune of Rs. 50,000/- with one surety in the like amount to the satisfaction of the Registrar (Judicial) of this Court, subject to the following conditions:-
::: Downloaded on - 11/09/2023 20:38:06 :::CIS1. That the petitioner will join investigation of case as and when called for by the Investigating Officer, in accordance with law.
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2. That he will 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/him/her from disclosing such facts to the Investigating Officer or Court.
3. That he will not tamper with the prosecution evidence, or, in any manner, try to overawe or influence the prosecution witnesses; and
4. That he will not leave India without prior permission of the Court.
of This order shall remain in force till 03.10.2023, on which date, status report be filed by respondent/State.
rt ( Sushil Kukreja ) Judge 11th September, 2023 (subhash) ::: Downloaded on - 11/09/2023 20:38:06 :::CIS