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2018 DIGILAW 2094 (HP)

Daljit Singh v. State Of Himachal Pradesh

2018-11-27

VIVEK SINGH THAKUR

body2018
JUDGMENT Vivek Singh Thakur, J. - The present petitions have been filed for seeking bail under Section 438 of the Code of Criminal Procedure, 1973, in case FIR No.43/2018, dated 17.10.2018, registered at Police Station, MPS, Baddi, Police District Baddi, H.P., under the provisions of Sections 498A, 406 and 506 read with Section 34 of IPC. Since both the petitions arise out of the common FIR, as such, are being heard together. Daljit Singh and Sukhjinder Kaur are petitioners in Cr.MP(M) No.1454 of 2018 and Jobanjeet Singh is petitioner in Cr.MP(M) No.1455 of 2018. 2. Status report stands filed and taken on record of Cr.MP(M) No.1454 of 2018. 3. On 08.11.2018, petitioners had joined the investigation, who have been enquired/interrogated intensively on each and every aspect of the case and on 14.11.2018, petitioner Jobanjeet Singh had returned one car Model Ford Fiesta alongwith key and R.C., 6 Gold rings (Gents), 2 pairs of topas (ladies) and on 22.11.2018 one Kara (bangle) of Gold has also been returned by petitioner Jobanjeet Singh to the complainant. It is further stated in the status report that as per the list supplied by the complainant, number of items are yet to be recovered from the petitioners and in case they are enlarged on bail they will not produce the remaining "Stri Dhan" and may also threat the witnesses. 4. Mr.Vikrant Thakur, learned counsel, has put in appearance on behalf of the complainant. He has submitted that in case of releasing on bail, petitioners particularly petitioner Jobanjeet Singh, may use criminal force against the complainant and may also take away the son of the couple living with the complainant as he had been pressurizing the complainant for mutual divorce, so as enabling him to solemnize second marriage and according to the complainant, petitioner Jobanjeet Singh may cause bodily harm to the complainant and her son, who is living with her. 5. It is also mentioned in the status report that the complainant had also lodged complaint in the year 2014-2015 against the petitioners for having subjected to cruelty by them. Therein, both times, after counseling, the matter was compromised between the parties. 6. As per the Investigating Officer present in the Court, investigation in the present case is almost complete. 5. It is also mentioned in the status report that the complainant had also lodged complaint in the year 2014-2015 against the petitioners for having subjected to cruelty by them. Therein, both times, after counseling, the matter was compromised between the parties. 6. As per the Investigating Officer present in the Court, investigation in the present case is almost complete. However, it is submitted that the recovery of "Stri Dhan" is yet to be made and in case of granting bail, they may influence or threat the witnesses. 7. Keeping in view the nature of the dispute between the parties and counter allegations levelled against each other, petitioners are released on bail, subject furnishing personal bond in the sum of Rs. 25,000/- each with one surety each in the like amount, if not already furnished to the satisfaction of the Investigating Officer subject to further following conditions:- (i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case as and when required; (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 from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) that they shall not obstruct the smooth progress of the investigation/trial; (iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or suspected; (v) that the petitioners shall not misuse their liberty in any manner; (vi) that the petitioners shall not jump over the bail; (vii) that the petitioners shall not indulge any act amounting to an attempt to take out the son from the company of his mother and shall also not cause any attempt to create fear or threat to the complainant or her mother and son in any manner; and (viii) they shall not leave the territory of India without prior permission of the Court and furnish photocopy of the passport to the Investigating Officer and shall also inform the S.H.O with respect to change in address if any. 8. 8. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice. 9. In case the petitioners violate any condition imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 10. Observations made in these petitions hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of these bail applications. Petitions stand disposed of in the aforesaid terms. Copy dasti.