Meera Devi vs State Of H.P

Vivek Singh Thakur, J

Status report stands filed, wherein, statement of complainant, on the basis of which FIR was recorded, has been reproduced and it is reported that during investigation, it has come in evidence that on 16.3.2020, accused was sweeping her courtyard and husband of complainant was cleaning his lintel and was draining rainy water from roof of house in his boundary and at that time, two persons had come to sell some articles to accused and at that time, an altercation had taken place between accused and husband of complainant, which had resulted into incident and further that now challan has been presented in Court on 27.8.2020.

Learned Deputy Advocate General, under instructions, has submitted that nothing is to be recovered from petitioner and her custodial interrogation is also not warranted in view of completion of investigation.

Considering the 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 pendency of trial and at this stage petitioner is entitled to be enlarged on bail in case FIR No. 86 of 2020 registered at P.S. Bhuntar. Therefore, the petitioner is ordered to be released on bail, subject to furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate/Additional Chief Judicial Magistrate/Judicial Magistrate 1st Class, Kullu, holding the charge of concerned Police Station within four weeks from today, subject to the following conditions:-

(i). That the petitioner shall make herself 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. She shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

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

(iii). That she 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 she is accused or suspected or the commission of which she is suspected.

(vi) . hat petitioner shall not misuse her liberty in any manner.

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 open to the trial Court 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, her 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 439 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.