Himachal Pradesh High Court
Bhagi Ram vs State Of Himachal Pradesh on 21 June, 2019
Author: Anoop Chitkara
Bench: Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
Cr.MP(M) No. 397 of 2019 Order reserved on : 19.6.2019 Date of Decision : 21st June, 2019 Bhagi Ram ...Petitioner.
Versus
State of Himachal Pradesh
r ...Respondent.
Coram:
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting? Not For the petitioner : Mr. Sanjeev Bhushan, Senior Advocate with Mr. Maan Singh, Advocate.
For the respondent : Ms. Ritta Goswami, Additional Advocate General, Ms. Divya Sood, Deputy Advocate General and Mr. Manoj Bagga, Assistant Advocate General for the respondent/State.
For the Complainant : Mr. Ashish Patial, Advocate Anoop Chitkara, Judge.
The present petition is under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in F.I.R. No. 44/2019 dated 11-02-2019, registered at Police Station Kullu, District Kullu, H.P., under Sections ::: Downloaded on - 28/09/2019 23:47:18 :::HCHP 2 323,341,427 and 506 read with Section 34 of the Indian Penal Code.
.
2. I have heard Mr. Sanjeev Bhushan, Senior Advocate Assisted by Mr. Maan Singh, Advocate for the petitioner, Mr. Ashish Patial, Advocate for the complainant and Ms. Ritta Goswami, learned Additional Advocate General for the respondent/State. Learned counsel for the petitioner states that the accused had joined the investigation as and when the Investigating Officer so directed him. Moreover, the counsel for the petitioner submits that the petitioner has no criminal history. Learned Additional Advocate General did not dispute these averments.
3. Keeping in view that the offences are only under Sections 323, 341, 427 and 506 read with Section 34 of Indian Penal Code, therefore, I am satisfied that no purpose will be served if the bail petitioner is sent to judicial custody.
4. The petitioner is a native and permanent resident of address mentioned in the memo of parties.
Therefore, his presence can always be secured. I am of the considered view that, prima facie, petitioner has made out a ::: Downloaded on - 28/09/2019 23:47:18 :::HCHP 3 case for grant of bail. His custodial interrogation is not required at all.
.
5. In the result the present petition is allowed. In the event of arrest of the petitioner, he shall be released on bail, in connection with the FIR mentioned above, on his furnishing personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the Arresting Officer.
6. This Court is granting the protection subject to the conditions mentioned in this order. The petitioner undertakes to comply with all directions given in this order and the furnishing of bail bonds by the petitioner is acceptance of all such conditions:
a) The petitioner is directed to join the investigation as and when called by the Investigating Officer. It shall be open for the Investigating Officer to call him as and when he feels such a necessity. The petitioner undertakes to appear before the Investigating Officer as and when directed to do so. However, whenever the investigation takes place within the boundaries of the Police Station or Police Post, then the Petitioner shall not be called before 9 A.M and shall be let off before 5 p.m. ::: Downloaded on - 28/09/2019 23:47:18 :::HCHP 4
b) The Petitioner shall neither influence nor try to control the investigating officer, in any manner whatsoever.
.
c) The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics.
d) 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.
e) The Petitioner shall not hamper the investigation.
f) In case the of the launching of the prosecution, the petitioner undertakes to attend the trial and to appear before the Court which issues the summons or warrants and shall furnish fresh bail bonds to the satisfaction of such Court.
7. It is clarified that the present bail order is only with respect to the above mentioned FIR. It shall not be construed to be a blanket order of bail in all other cases, if any, against the Petitioner.
8. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case ::: Downloaded on - 28/09/2019 23:47:18 :::HCHP 5 and the trial Court shall decide the matter uninfluenced by any observation made herein above.
.
9. Petition stands allowed in the aforesaid terms.
Copy dasti.
(Anoop Chitkara), Judge.
21st June , 2019 (NK) ::: Downloaded on - 28/09/2019 23:47:18 :::HCHP