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2014 DIGILAW 310 (HP)

Ajay Kumar v. State of Himachal Pradesh

2014-03-29

DHARAM CHAND CHAUDHARY

body2014
Judgment Dharam Chand Chaudhary, J. 1. This order will dispose of both petitions arising out of the same FIR. 2. Learned Additional Advocate General has placed on record the status report and Investigating Officer, ASI Sandeep Kumar of Police Station, Sarkaghat, District Mandi has produced the record. 3. Heard. 4. Petitioners are accused in FIR No.49 of 2014 registered against them under Sections 452, 323 and 506 read with Section 34 of Indian Penal Code in Police Station Sarkaghat, District Mandi. 5. The allegations against them, in a nutshell, are that on 24.2.2014 around 8.30 p.m. they entered in the house of Kashmir Singh, complainant and gave him beatings and also threatened him to do away with his life. He also pelted slates on them to save him from their clutches. On the basis of the report so lodged by the complainant, FIR has been registered and investigation is conducted. Nothing is left to be recovered from the accused-petitioners. They are local residents. Therefore, if required further for interrogating, the Investigating Officer can conveniently secure their presence. A cross-case vide FIR No.53 of 2014 is also registered against the complainant under Section 325 of Indian Penal Code. 6. Therefore, having regard to the given facts and circumstances and also the record, these applications succeed and the same are accordingly allowed. Consequently, it is ordered that in the event of the arrest of the accused-petitioners in connection with the case aforesaid, they be released on bail subject to their furnishing personal bonds in the sum of Rs.10,000/- each with one surety each in the like amount to the satisfaction of the Arresting Police Officer/Investigating Officer and shall abide by further conditions that: They shall: (a) Make themselves available for the purpose of interrogation as and when required and shall co-operate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end. (b) Not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; (c) 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. (d) Not leave the territory of India without the prior permission of the Court. 7. (d) Not leave the territory of India without the prior permission of the Court. 7. It is clarified that if the petitioners misuse the liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. 8. The observations 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 petition alone. The applications stand accordingly disposed of. Copy dasti.