Arman Singh vs State Of HP

Vivek Singh Thakur, J

This petition has been preferred for enlarging the petitioner on bail in case FIR No. 182 of 2020 dated 19.11.2020 registered in Police Station

Chowari, District Chamba HP, under Section 3 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘SC&ST

Act’)

2 Status report stands filed, wherein it is stated that petitioner has joined the investigation and has handed over his mobile phone to Investigating

Officer, which was allegedly used for commission of offence by the petitioner.

3 Petitioner is serving in Indian Army and now-a-days, he is posted in Samba Sector at Jammu and Kashmir in Union Territory of J&K. Nothing is to

be recovered from him. It is undertaken on behalf of petitioner that he would be always available to Court as well as Investigating Agency as and

when required.

4 Considering the entire facts and circumstances of the case, petitioner is directed to be enlarged on bail, subject to furnishing fresh personal bond in

the sum of Rs.30,000/- with one surety in like amount to the satisfaction of learned Judicial Magistrate 1st Class, Dalhousie on or before 7th January,

2021 and also subject to further conditions:-

(i) That the petitioner shall make himself available during investigation as well as the trial on each and every date 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 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;

(ii) That he shall not obstruct the smooth progress of the investigation as well as trial;

(iii) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in

advance, to concerned Police Station.

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is

suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

The bail bonds, so furnished, shall be tagged with record of FIR by concerned Judicial Magistrate 1st Class. It will be open to the prosecution to

apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the

interest of justice. It will also be open to the trial Court/Magistrate to impose any other or further condition on the petitioner as it may deem necessary

in the interest of justice.

In case the petitioner violates any condition imposed upon them, 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.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-

IV.7139 dated 18.3.2013.

Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the

disposal of this bail application filed under Section 438 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.