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Himachal Pradesh High Court · body

2018 DIGILAW 966 (HP)

Mahayogi Satyender Nath v. State of Himachal Pradesh

2018-05-23

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT : Chander Bhusan Barowalia, J. The present bail application is maintained by the petitioner for grant of pre-arrest bail under Section 438 of the Code of Criminal Procedure and regular bail under Section 439 of the Code of Criminal Procedure, in case F.I.R. No. 1 of 2018, dated 03.01.2018, under Sections 498-A and 34 of the Indian Penal Code and Section 3 of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities amendment) Act, 1989, registered at Police Station Tapri, District Kinnaur, H.P. 2. As per the petitioner, he is innocent and has been falsely implicated in the present case. Further he is joining and cooperating with the investigation and not in a position to flee from justice. 3. Police report stands filed. The allegations against the petitioner as per the prosecution case are that he alongwith his brother and mother threatened the complainant to do away with her life and passed racial comments to the complainant that she belongs to inter-caste, therefore, F.I.R. No. 1 of 2018, dated 03.01.2018, under Sections 498-A and 34 of the Indian Penal Code and Section 3 of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities amendment) Act, 1989, was registered against the petitioner. 4. Heard. Taking into consideration the fact that the petitioner is joining and cooperating in the investigation and neither in a position to flee from justice, nor in a position to tamper with the prosecution evidence. Therefore, the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. So, it is ordered that in the event of his arrest in case, under Sections 498-A and 34 of the Indian Penal Code and under Section 3 of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities amendment) Act, 1989, in which, he has already surrendered before this Court, the petitioner be released on bail, on his furnishing personal bond to the tune of Rs. 10,000/- (Rupees ten thousand), with one surety in the like amount to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law. (ii) That the petitioner will not leave India without prior permission of the Court. The bail is granted subject to the following conditions: (i) That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) 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 him/her from disclosing such facts to the Investigating Officer or Court. 5. Accordingly, the petition is disposed of.