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2014 DIGILAW 1354 (HP)

Amita v. State Of H. P.

2014-09-25

TARLOK SINGH CHAUHAN

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JUDGMENT : Tarlok Singh Chauhan, J. These petitions have been filed for grant of pre-arrest bail in FIR No.53/14, registered at Police Station, Rajgarh, under Sections 379, 447, 506 and 34 IPC. 2. The prosecution story, in brief, is that the petitioners had committed theft by cutting grass in the land of the complainant and, therefore, committed an offence punishable under the aforesaid sections. 3. Upon notice, Additional Advocate General has filed the status report and has also produced the records of investigation. From the records of investigation, it transpires that there is already a civil suit with respect to the same subject matter pending adjudication in the court of learned Civil Judge (Junior Division), Rajgarh. It is also revealed that the investigation is virtually complete and no recoveries are required to be effected. This is not a case where the prosecution can claim custodial interrogation. Moreover, the petitioners are permanent residents of Tehsil Rajgarh, District Sirmaur, HP and there is no likelihood of their absconding. It is not even the case of the prosecution that the petitioners, in the event of their release, would tamper with the prosecution evidence or would in any manner threaten the prosecution witnesses. Thus, this is a fit case where the discretion of bail ought to be exercised. 4. Accordingly, the bail application is allowed and the petitioners are ordered to be released on bail in FIR No.53/14, registered at Police Station, Rajgarh, under Sections 379, 447, 506 and 34 IPC on their furnishing personal bond in the sum of Rs. 25,000/- each with one surety each of the like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, HP with the following conditions: (i) that the petitioners shall fully cooperate with the investigations as and when required by the Investigating Agency; (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/her from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall not tamper with the prosecution evidence or threaten the witnesses; (iv) that the petitioner shall not leave the country without prior permission of the Court; (v) that the petitioner shall not misuse their liberty in any manner. 5. 5. Learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, HP is directed to comply with the directions issued by the High Court vide communication No.HHC.Vig/Misc. Insructions/93- IV. 7139 dated 18.3.2013. 6. Any observation made here-in-above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made here-in-above. Petition stands disposed of.