Sanjeev Singh vs State Of H.P

Vivek Singh Thakur, J

Status report stands filed, wherein it is stated that petitioner has joined the investigation and nothing is to be recovered from him. No prayer for

custodial interrogation has been made therein.

The facts of the case, in brief, are that complainant has reported the occurrence of incident held in November, 2019. It is claim of the petitioner that

he was Member of a committee constituted for conducting inquiry in the complaint of sexual harassment against one Teacher and he was being

threatened by the said Teacher and his family members for obtaining a favourable report but he did not succumb to the pressure of said Teacher and

his family, and thus, as a counter-blast, present case has been got registered against him.

Without going into the merits of the complaint as well as claim of the petitioner, considering the contents of the status report, I find that no fruitful

purpose is going to be served by rejecting the bail of the petitioner. Accordingly, petitioner is directed to be enlarged on bail in case FIR No. 179 dated

24.11.2020, registered under Sections 354 and 506 IPC and Section 8 of POCSO Act in Police Station, Nadaun District Hamirpur, H.P. subject to

furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount within two weeks from today to the satisfaction of trial

Court/Special Judge, Hamirpur and also subject to the following 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 investigation/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;

vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or

during investigation/ trial; and

viii) he shall not leave India without permission of the Court.

ix) In case petitioner is again found to have involved in commission of similar offence, his bail in the present case shall be liable to be cancelled, on

taking appropriate steps by the prosecution.

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.

In case the petitioner violates any conditions imposed upon him 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.

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 18.03.2013.

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.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of

the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.

Dasti Copy.