AI Structured Summary
Not yet generated for this judgment
Judgment
Anoop Chitkara, J
This petition coming on for orders this day, the Court passed the following:
FIR No.
Dated
Police Station
Sections
305/2020
2.12.2020
Bhuntar, District Kullu, H.P.
342, 323, 364(A), 388, 504, 506, 120(B) of IPC.
ASI Parkash Chand, Police Station, Bhunter, District Kullu, H.P., is present alongwith record.
The present petition has been filed by the State under Section 439(2) Cr.PC, seeking cancellation of the bail granted by this Court in the above captioned FIR.
I have heard Mr. Nand Lal Thakur, learned Additional Advocate General for the petitioner- State and Mr. Vijay Arora, learned counsel for the respondent. The ground for cancellation of the bail is violation of bail conditions.
Mr. Vijay Arora, learned counsel, submits that the accused has been falsely implicated due to the grudge of Police officials against him.
Mr. Nand Lal Thakur, learned Additional Advocate General, has clearly denied such allegations and submits that the accused have violated the bail conditions.
A perusal of the FIR reveals that fresh cases have been registered against the accused pertaining to an incident which is unrelated to honey trapping. The Investigator also revealed that the accused has been released on bail in the fresh FIRs.
Given above, it shall be suffice to alter the condition No.18 of the bail order to the effect that the accused shall not visit the villages of the victims in all FIRs lodged against him. The names of villages where the petitioner/accused shall not visit are as under:-
(i) Manali, District Kullu.
(ii) Jallugran, Bhuntar
(iii) Bhakali, Bhuntar
(iv) Dhela, Bhuntar
(v) Sainj, Banjar
(vi) Dabri Mohal, Bhuntar
(vii) Bhuntar
(viii) Mohal Bhuntar
(ix) Nagwai, Mandi
(x) Bhuntar
(xi) Manali
(xii) Dohra Nala, Kullu.
In case, the petitioner has some personal difficulty for non visiting the village, he may file an application before learned trial Court giving reasons and the trial Court/Sessions Court shall be competent to modify this order to that extent.
It is clarified that in case of any single violation, it shall be open for the State to file another application in the trial Court for cancellation of this bail order.
With the aforesaid observations, the present petition filed by the State is partly allowed.