Himachal Pradesh High Court
Dev Darshan vs . State Of H.P. on 14 June, 2023
Author: Sushil Kukreja
Bench: Sushil Kukreja
.
Dev Darshan vs. State of H.P. Cr.MP(M) No.1452 of 2023 14.06.2023 Present: Mr. Naresh Kumar Tomar, Advocate, for the petitioner.
Mr. Raj Negi, Additional Advocate General, for the State.
Notice. Mr. Raj Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent /State.
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.41 of 2023, dated 24.05.2023, under Sections 354 & 506 of Indian Penal Code read with Section 3 of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, registered at Police Station Dadahu (Renuka Ji), District Sirmour, H.P. In Cr.MP(M) No. 1116 of 2020 titled Ami Chand vs. State of Himachal Pradesh, 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 ::: Downloaded on - 14/06/2023 20:36:03 :::CIS .
receipt of such application, the Court is to satisfy that the applicant 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 person, who is present in the Court, has offered to surrender, which has been accepted and, thus, he is under the deemed custody of this Court.
As per the petitioner, he is innocent and has been falsely implicated in the present case. He states that as he is a permanent resident of Village Narayan, P.O. Panar, Tehsil Dadau, District Sirmour, H.P., 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 Sirmour, 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.41 of 2023, dated 24.05.2023, under Sections 354 & 506 of Indian Penal Code read with Section 3 of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, registered at Police Station Dadahu (Renuka Ji), District Sirmour, H.P. on his furnishing personal bond to ::: Downloaded on - 14/06/2023 20:36:03 :::CIS .
the tune of Rs.25,000/-, with one surety in the like amount to the satisfaction of the Investigating Officer, subject to the following conditions:-
1. That the petitioner will join investigation of case as and when called for by the Investigating Officer, in accordance with law.
2. That the petitioner 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 the petitioner shall not tamper with the prosecution evidence, or, in any manner, try to overawe or influence the prosecution witnesses;
and
4. That the petitioner will not leave India without prior permission of the Court.
This order shall remain in force till 21.07.2023, on which date, status report be filed by respondent/State.
( Sushil Kukreja ) Judge 14th June, 2023 (reena) ::: Downloaded on - 14/06/2023 20:36:03 :::CIS