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Judgments of Supreme Court of India and High Courts

Arish Khan vs State Of Himachal Pradesh on 12 September, 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.M.P (M) No. 1161 of 2018

Date of decision: 12.9.2018

.

Arish Khan. …Petitioner
Versus
State of Himachal Pradesh. …Respondent

Coram

The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1

For the Petitioner: Mr. Varun Chauhan, Advocate.

For the Respondent: Mr.Shiv Pal Manhans Mrs.Rameeta Kumari,
Additional Advocate Generals with Mr.Raju Ram
r Rahi, Deputy Advocate General.

H.C. Mohd Khalil No. 160, I.O. WPS Nahan,
District Sirmour, H.P. present in person along with
record.

Vivek Singh Thakur Judge (oral)

Petitioner has filed this petition for enlarging him on bail in case

FIR No. 18 of 2018, dated 3.9.2018, under Section 354 IPC, registered in

Police Station (Women) Nahan, District Sirmour, H.P.

2. Investigating Officer has filed status report. As per status report

and as submitted by the officer present in the Court, that though FIR No. 18 of

2018 dated 3.9.2018 has been registered against the petitioner under Section

354 IPC, but there is no complaint/case registered against the petitioner under

the provisions of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 and further that the petitioner has joined the investigation

and nothing is to be recovered from him and his custodial interrogation is not

necessary in the present case. It is further stated that during investigation an

application from complaint has been received, wherein she has requested not

to proceed further in the complaint lodged by her against the petitioner.

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

13/09/2018 23:01:48 :::HCHP
2 Cr.M.P(M) No. 1161 of 2018

3. In view of aforesaid facts and circumstances, without

commenting upon the merits of the allegations and the evidence on record,

interim bail granted in favour of the petitioner vide order dated 6.9.2018 is

.

confirmed and he is ordered to be enlarged on bail in case FIR No. 18 of

2018, registered under Section 354 IPC at Police Station (Women) Nahan,

District Sirmour, H.P., subject to his furnishing personal bond in the sum of

`.50,000/- with one surety in the like amount to the satisfaction of Arresting

Officer, if not already furnished.

4. Petitioner shall further abide by the following conditions:

(i) That the petitioners 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 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.

5. 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.

6. In case the petitioner violates any condition imposed upon him,

his bail shall be liable to be cancelled. In such eventuality, prosecution may

13/09/2018 23:01:48 :::HCHP
3 Cr.M.P(M) No. 1161 of 2018

approach the competent Court of law for cancellation of bail, in accordance

with law.

7. Observations made in this petition hereinbefore shall not affect

.

the merits of the case in any manner and will strictly confine for the disposal of

this bail application.

8. Petitions stands disposed of in the aforesaid terms.

Copy Dasti.

(Vivek Singh Thakur),
th
12 September, 2018 Judge.
(KRS)

13/09/2018 23:01:48 :::HCHP

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