Narayan Singh Vs State Of Himachal Pradesh

High Court Of Himachal Pradesh 2 Mar 2021 Criminal Miscellaneous Petition (M) No. 18 Of 2021 (2021) 03 SHI CK 0010
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous Petition (M) No. 18 Of 2021

Hon'ble Bench

Vivek Singh Thakur, J

Advocates

Ajay Chandel, Raju Ram Rahi

Final Decision

Disposed Of

Acts Referred
  • Indian Penal Code, 1860 - Section 279, 304AA, 337, 338

Judgement Text

Translate:

Vivek Singh Thakur, J

1. Status report was filed on 6.1.2021. Thereafter petitioner was enlarged on interim bail on 7.1.2021 with direction to join investigation.

2. It is stated that thereafter petitioner had joined investigation on 8.1.2021, 23.1.2021 and 1.2.2021 and thereafter he has not been called for any

interrogation by the Police. Petitioner has allegedly committed offence under Sections 279, 337, 338 and 304 AA of the Indian Penal Code. The

accident has taken place on 29.10.2020.

2. Considering the entire facts and circumstances, at this stage petitioner is enlarged on bail, in case FIR No. 119 of 2020, dated 29.10.2020 registered

in Police Station Kumarsain, District Shimla, H.P., under Sections 279, 337, 338 and 304AA IPC, subject to furnishing personal bond in the sum of

Rs.50,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate/Judicial Magistrate 1st Class, Rampur within two weeks

from today, 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 he 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 he shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that he shall not misuse his liberty in any manner;

(vi) that he 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 trial;

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

3. 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 and thereupon, it will also be 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.

4. In case the petitioner violates any conditions imposed upon 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.

5. 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.

6. 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.

7. 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.

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