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2018 DIGILAW 1483 (HP)

Rishabh Chauhan v. State Of Himachal Pradesh

2018-08-08

SURESHWAR THAKUR

body2018
JUDGMENT Sureshwar Thakur, J. - The bail applicant/accused, is, suffering judicial incarceration, for his allegedly committing offence(s), constituted under Section 376 of the Indian Penal Code, and, under Section 3(1) (W) of SC and ST (Prevention of Atrocities Act) in respect thereof, F.I.R. No. 164/2018 of 11.6.2018, is, registered with Police Station, Sadar Solan, and, through the instant petition, seeks, the indulgence of this Court, for his being released therefrom. 2. Dr. Shiv Kumar, the Investigating Officer is present in Court, and, has placed before this Court, the apt status report. He has fairly submitted before this Court, that, the apt investigation into the offence(s) allegedly committed, stand completed, and, further submits that a report under Section 173 Cr. P.C., would be instituted before the committal Magistrate, on 9.8.2018. 3. Given the aforesaid statement made by the Investigating Officer concerned, before this Court, thereupon, though, this Court is constrained to allow the facility of bail, to the bail-applicant/petitioner, yet the Investigating Officer, has made a submission before this Court, that, in case the facility of bail, is granted to the bail-applicant, there is every likelihood, of his fleeing from justice, and, influencing the prosecution witnesses. 4. However, at this stage, no material has been placed on record, by the Investigating Officer, with a clear display therein, qua, the bail-applicant making any endeavour, to influence the prosecutions witnesses, or to, tamper with the prosecution evidence. Consequently, the above submission cannot be accepted. However, to allay the apprehension of the prosecution, that there is every likelihood of the bail-applicant influencing, the, prosecution witnesses or his tampering with the prosecution evidence, upon, the application being allowed, thereupon this Court deems it fit to reserve the apt liberty to the prosecution, to, in case, tangible material is purveyed to it, vis--vis, the bail-applicant, influencing the prosecution witnesses or tampering with the prosecution evidence, hence, through an appropriate motion, seek cancellation of bail granted, to the bail-applicant. 5. Consequently, the present bail application is allowed, and, the indulgence of the bail is granted to the bail applicant, subject to compliance with the following conditions: i) That he shall furnish personal bond in the sum of Rs. 1,00,000/-, with two local sureties, in the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Solan. ii) That he shall join the investigation, as and when required by the Investigating agency. 1,00,000/-, with two local sureties, in the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Solan. ii) That he shall join the investigation, as and when required by the Investigating agency. iii) That he 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 the Court or to the Police. iv) That he shall not leave India without the prior permission of the Court. v) That he shall deposit his passports, if any, with the Police Station, concerned. 6. Any observation made herein 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 herein above. Copy dasti.