Himachal Pradesh High Court
Rita Devi vs . State Of H.P. on 6 March, 2023
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
Rita Devi Vs. State of H.P. Cr. MPM No. 552 of 2023 06.03.2023 Present: Mr. Vinod Chauhan, Advocate, for the petitioner.
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M/s Pushpender Jaswal and Baldev Negi, Additional Advocate Generals, for the respondent.
Petitioner is present in person.
Notice. Mr. Baldev Negi, learned Additional Advocate General, accepts notice on behalf of the respondent.
The petitioner, who is duly identified by her counsel, has surrendered in the Court and submitted herself to the jurisdiction and orders of this Court and preferred the present petition for grant of bail under Section 439 of the Code of Criminal Procedure in case FIR No. 9/2023, dated 20.01.2023, registered under Section 3(i)(s) of the SC & ST (Prevention of Atrocities) Act, 1989 at Police Station Barmana, District Bilaspur, H.P. In view of ratio of law laid down in Niranjan Singh and another Vs. Prabhakar Rajaram Kharote and others, AIR 1980 SC 785, subsequently relied in Karam Dass and others Vs. State of H.P., 1995(1) S.L.C. 363, the petitioner can be stated to be in juridical custody.
Learned counsel for the petitioner has prayed for bail. He has submitted that the petitioner is ready to join the investigation and furnish the bail bonds in accordance with the directions of this Court.
Learned Additional Advocate General seeks time for production of record and filing status report.
In these circumstances, the petitioner is enlarged on interim bail till further orders on her furnishing personal bond in the sum ::: Downloaded on - 06/03/2023 20:35:25 :::CIS .
of Rs.10,000/- with one surety in the like amount to the satisfaction of Registrar (Judicial)/Additional Registrar (Judicial) during the course of the day. The date of appearance of the petitioner before the Investigating Officer at Police Station Barmana, District Bilaspur, H.P. is fixed as 13th March, 2023, as the petitioner has submitted that there is marriage in the family on 8th and 9th March, 2023. However, thereafter the petitioner shall join the investigation on each subsequent date(s) as and when required by the investigating agency. The petitioner shall not directly or indirectly advance any threat, inducement 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. The petitioner shall not tamper with the prosecution evidence.
List for consideration on 20th March, 2023.
Downloaded copy of this order is valid for compliance.
(Ajay Mohan Goel) Judge March 06, 2023 (bhupender) ::: Downloaded on - 06/03/2023 20:35:25 :::CIS