Himachal Pradesh High Court
Ratto Devi vs State Of H.P on 16 January, 2015
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. MP(M) No. 1419 of 2014
Date of Decision: 16.1.2015
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Ratto Devi
...Petitioner
Versus
State of H.P.
...Respondent
___________________________________________________________
Coram
Hon'ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting?
_________________________________________________________
For the petitioner : Mr. Rahul Verma, Advocate.
For the respondent : Mr. V.K. Verma, Additional
Advocate General with Mr. J.K.
r Verma, Deputy Advocate General
and Mr. Pushpinder Jaswal,
Deputy Advocate General.
Rajiv Sharma, Judge (oral):
The petitioner is seeking bail in case FIR No. 133 of 2014, dated 20.11.2014, registered at Police Station, Tissa, District Chamba, H.P. under Sections 363, 366-A, 120-B, 376 of the Indian Penal Code and Section 4 of the POSCO Act.
2. Record perused. Case of the prosecution is that the applicant has hatched conspiracy in connivance with the co-
accused and removed the prosecutrix from the lawful custody of her parents. The further case of the prosecution is that she allured the prosecutrix and kidnapped her from her house when she came to urinate. It is not believable that the accused persons were waiting for the prosecutrix to come out for this purpose and kidnapped her.
3. Consequently, the petition is allowed and the petitioner, who has been arrested in connection with case FIR No. 133 of 2014, dated 20.11.2014, registered at Police Station, Tissa, District Chamba, H.P. under Sections 363, 366-A, 120-B and 376 of the Indian Penal Code and Section 4 ::: Downloaded on - 15/04/2017 17:34:21 :::HCHP 2 of the POSCO Act is ordered to be released on bail subject to her furnishing personal bond in the sum of ` 10,000/- with one surety in the like amount to the satisfaction of the .
learned Chief Judicial Magistrate, Chamba with the following conditions:
(a) She shall make herself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
(b) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; r ( c) She shall not make any inducement, threat or promises 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; and
(d) She shall not leave the territory of India without the prior permission of the Court.
4. It is clarified that if the petitioner misuses her liberty or violates any of the conditions imposed upon her, the investigating agency shall be free to move this Court for cancellation of the bail.
5. Any observation made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone.
The petition stands accordingly disposed of.
Copy dasti.
(Rajiv Sharma), Vacation Judge January 16, 2015 (kalpana) 2 ::: Downloaded on - 15/04/2017 17:34:21 :::HCHP