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2020 DIGILAW 249 (HP)

Manoj Kumar v. State of Himachal Pradesh

2020-03-20

VIVEK SINGH THAKUR

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JUDGMENT Vivek Singh Thakur, J. (Oral) - This petition has been preferred seeking regular bail under Section 3(1) (r) (s) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC & ST Act'), and Sections 342, 504 and 506 read with Section 34 of the Indian Penal Code (in short 'IPC) in case FIR No.24 of 2020, dated 01.02.2020, registered in Police Station, Dharamshala, District Kangra, Himachal Pradesh 2. Fresh status report filed on behalf of the respondent-State is taken on record of Cr.M.P.(M) No. 213 of 2020. 3. The petitioner-accused had surrendered in the Court on 05.02.2020, whereupon he was taken into custody by the order of the Court. Thereafter, he was enlarged on bail subject to certain conditions imposed upon him, including direction to join investigation. 4. As per status report as also stated by learned Deputy Advocate General, under instructions of ASI Karam Singh, present in Court, investigation in this case is almost complete and petitioner has been interrogated and no further interrogation, at this stage, is required and nothing is required to be recovered from the petitioner-accused. 5. Considering entire facts and circumstances of the case, I am of the opinion that no fruitful purpose is going to be served by keeping the petitioner behind the bars during trial and it is a fit case for enlarging the petitioner on bail during pendency of trial. Therefore, subject to furnishing his personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of learned Special Judge-cum-Sessions Judge, Kangra at Dharamshala, H.P., within two weeks from today, petitioner is enlarged on bail in case FIR No.24 of 2020, dated 01.02.2020 under Section 3(1) (r) (s) of SC & ST Act, and Sections 342, 504 and 506 read with Section 34 of IPC and also subject to following further conditions:- (i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required; (ii) that the petitioner 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) that he shall not obstruct the smooth progress of the in vestiga ti on/trial; (iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (v) that the petitioner shall not misuse his liberty in any manner; (vi) that the petitioner shall not jump over the bail; and (vii) that he shall keep on informing about the change in addresses, landline number and/or mobile number, if any, for his availability to Police and/or during trial. 6. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. 7. In case the petitioner violate any conditions imposed upon him, his 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. 8. Learned Special Judge -cum -Sessions Judge, Kangra at Dharamshala, Himachal Pradesh, is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. lnstructions/93-IV.7139 dated 18.03.2013. 9. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. Petition stands disposed of in the aforesaid terms. Copy Dasti.