Himachal Pradesh High Court
Usha Chauhan vs State Of H.P on 22 December, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) Nos. 2523 & 2524 of 2022
Date of Decision 22nd Dec.,2022
________________________________________________________
Cr.MP(M) No. 2523 of 2022
Usha Chauhan ...Petitioner
Versus
State of H.P.
Cr.MP(M) No. 2524 of 2022
Sachin Chauhan
r to Versus
....Respondent
...Petitioner
State of H.P. ....Respondent
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting? Yes.
______________________________________________________________ For the Petitioner(s): Mr. Y.P. Sood, Advocate.
For the Respondent(s): Mr. Raju Ram Rahi, Deputy Advocate General.
__________________________________________________________________ Vivek Singh Thakur, J.
Since both petitions arise out of the same FIR, the same are consolidated and disposed of together in order to avoid repetition and for the sake of convenience.
::: Downloaded on - 24/12/2022 20:32:00 :::CIS 22. Petitioners have approached this Court seeking anticipatory bail in case FIR No. 25 of 2022, dated 19.11.2022, .
registered in Women Police Station BCS Shimla, District Shimla, under Sections 498-A, 506(ii) read with Section 34 of Indian Penal Code (in short 'IPC').
3 Status reports stand filed. Record was also made available.
4. Complainant in present petition is Sania Chauhan, who is wife of petitioner Sachin Chauhan and daughter-in-law of petitioner Usha Chauhan. Learned counsel for petitioners has placed on record the report of Head Constable Police Station Sadar Shimla with respect to complaint filed by Sania Chauhan in Police Station Sadar Shimla and Daily Diary GD Entry No.29 dated 27.9.2022 regarding the complaints filed by petitioner Usha Chauhan against Sania Chauhan in Police Station Chopal.
5. Learned counsel for petitioners submits that relations of husband and wife, i.e. complainant and petitioner Sachin Chauhan are not cordial since long and multiple complaints have been filed by complainant with police including complaint filed under Domestic Violence Act and she is residing in a flat located in Verma Apartments, Jakhu Shimla which has been purchased by petitioner Sachin and complainant has obtained ex-parte ::: Downloaded on - 24/12/2022 20:32:00 :::CIS 3 injunction order from dispossessing her from the flat whereas petitioner has also lodged a complaint against complainant in .
Police Station Sadar regarding forcible entry of Sania Chauhan in the said apartment and it has been further stated that in these circumstances, present FIR has been lodged by Sania Chauhan in Women Police Station BCS Shimla, as a counter blast which is in continuation of litigation pending between parties for bitter relations between complainant and her in-laws including her husband Sachin.
6. As per status report, complainant made a complaint to Women Police Station on 6.10.2022 whereafter both sides were summoned to Police Station and endeavour was made for amicable settlement and at that time victim had sought time to think over the matter but on 19.11.2022 she came to Police Station and asserted for registering FIR against her husband and in-laws whereupon FIR in present case has been registered. It has been further stated that petitioners have joined the investigation and victim is claiming that her Istridhan including ornaments and other articles, was with her in-laws whereas petitioners are denying the same and therefore, Section 406 IPC has been added in FIR. It has been contended on behalf of petitioners that complainant Sania Chauhan has captured flat belonging to them.
::: Downloaded on - 24/12/2022 20:32:00 :::CIS 47 Taking into consideration entire facts and circumstances but without commenting upon merits of rival .
contentions of parties, and considering the facts and circumstances narrated in prosecution story as well as other material placed before me and also taking note of the factors and parameters, required to be considered at the time of adjudication of bail application, as propounded in various pronouncements of the Courts including the Supreme Court, I do not find that any fruitful purpose shall be served by rejecting the bail applications filed by petitioners. Accordingly, the petitioners are ordered to be released on bail, subject to furnishing personal bond in the sum of Rs.30,000/- each with one surety each in the like amount to the satisfaction of the trial Court/Chief Judicial Magistrate within two weeks from today, subject to the following conditions:-
(i) That the petitioners shall make themselves available during investigation as well as the trial on each and every date as and when required;
(ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall ::: Downloaded on - 24/12/2022 20:32:00 :::CIS 5 not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
(iii) That petitioners shall not obstruct the smooth .
progress of the investigation as well as trial;
(iv) That petitioners shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station.
(v) That the petitioners shall not commit the offence similar to the offence to which they are accused or suspected or the commission of r which they are suspected.
(vi) That petitioners shall not misuse their liberty in any manner.
(vii) That the petitioners shall not leave India without prior permission of Court;
(viii) In the event of repetition of commission of offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by prosecution/Police.
8. It will be open to the prosecution to apply for imposing any such other or further condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also be open to the trial Court to impose any other or further condition on the petitioners as it may deem necessary in the interest of justice.
::: Downloaded on - 24/12/2022 20:32:00 :::CIS 69. In case the petitioners violate any condition imposed upon them, their bail shall be liable to be cancelled. In such .
eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law.
10. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013.
11 Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 438 of Code of Criminal Procedure 1973.
12. The petitioners are permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, they may verify the order from the High Court website or otherwise.
Petitions stand disposed of.
December 22, 2022 (Vivek Singh Thakur)
(ms) Judge
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