Shafi vs State of Himachal Pradesh

Sanjay Karol, J.—ASI-Shashi Kumar, I/O, Police Station Karsog, Distt. Mandi is present in Court. Status report filed. Record perused and returned. Affidavit of Sh. Ilmu Deen S/o. Sh. Usuf, father of the prosecutrix, attested before Executive Magistrate, Karsog, Distt. Mandi, H.P., is placed on record. It is stated at the Bar by the learned Additional Advocate General, under instructions received from ASI Shashi Kumar, Investigating Officer, P.S. Karsog, that challan is likely to be filed in the near future. Investigation is complete and custodial interrogation of the petitioner is not required at all.

In relation to F.I.R. No. 129/13, dated 24.8.2013, registered at Police Station Karsog, Distt. Mandi, H.P. under the provisions of Sections 363, 366A, 120B and 506 of the Indian Penal Code, petitioner Shafi stands arrested on 24.8.2013 along with his co-accused Abdul and the other co-accused Ramzan was arrested on 31.8.2013. The allegation against the petitioner and his co-accused is that they kidnapped the prosecutrix who is daughter of the complainant. Complainant has now sworn in an affidavit clarifying the circumstances under which the complaint was lodged by him and also the fact that he wants to withdraw the complaint having been filed on account of misunderstanding.

Under these circumstances, I am of the considered view that petitioner has made out a case for grant of bail. His custodial interrogation is no longer required. Challan is likely to be filed in the Court since investigation stands completed.

For all the aforesaid reasons, petition is allowed and the petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Mandi, Distt. Mandi, H.P. It is clarified that petitioner shall not tamper with the prosecution evidence, try to influence the witnesses or in any manner conduct himself as to disentitle him from the discretionary power. Also, he shall always make himself available during trial. Learned Chief Judicial Magistrate is directed to comply with the directions issued by the High Court, vide letter No. HHCVIG/Misc. Instructions/93-IV-7139, dated 18.3.2013. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.

Petition stands disposed of.