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Cr. Mp (M) No. 384 Of 2018 vs State Of Himachal Pradesh on 25 April, 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MPs (M) No. 384 385 of 2018
Decided on: 25.05.2018

.

Cr. MP (M) No. 384 of 2018
Amit Sharma ….Petitioner
Versus

State of Himachal Pradesh …Respondent

Cr. MP (M) No. 385 of 2018
Amit Sharma ….Petitioner

Versus
State of Himachal Pradesh …Respondent
_

Coram r
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.

Whether approved for reporting?1 No.
For the petitioner(s) : Mr. Navlesh Verma, Advocate.

For the respondent(s): Mr. Ashwani Sharma and Mr.

P.K. Bhatti, Additional
Advocate Generals.

A.S.I. Devi Ram, Police Post

Jutogh, P.S. Boileuganj, District
Shimla, H.P.

L.H.C. Shanta, No. 152, P.S.
Sadar Shimla, District Shimla,

H.P.

Chander Bhusan Barowalia, Judge (oral)

The present bail petitions, under Section 438 of

the Code of Criminal Procedure, are maintained by the

1
Whether reporters of Local Papers may be allowed to see the judgment? Yes.

26/04/2018 22:58:49 :::HCHP
2

petitioner(s) for grant of bail, in case F.I.R. No. 58 of 2018,

dated 27.03.2018, under Sections 354-D, 506 and 509 of the

.

Indian Penal Code, registered at Police Station Sadar

Shimla, District Shimla, H.P. and F.I.R. No. 64 of 2018, dated

26.03.2018, under Sections 354-D, 504, 506, 452 and 34 of the

Indian Penal Code, registered at Police Station Boileuganj,

District Shimla, H.P.

2. As per the petitioner, he is innocent and has

been falsely implicated in the present case.

3. Police report stands filed. The allegations against

the petitioner as per the prosecution case are that he

followed and teased the prosecutrix and passed dirty

comments and also used force against her. The further

allegations against the petitioner are that he made

unnecessarily telephone calls to the prosecutrix and he

reached her quarter and made threat to kill her, as well as

her land lady and, therefore, F.I.R. No. 58 of 2018, dated

27.03.2018, under Sections 354-D, 506 and 509 of the Indian

Penal Code and F.I.R. No. 64 of 2018, dated 26.03.2018,

under Sections 354-D, 504, 506, 452 and 34 of the Indian

Penal Code, were registered against the petitioner.

26/04/2018 22:58:49 :::HCHP
3

4. Heard. After taking into consideration the age of

the petitioner, i.e. 24 years and the fact that he is joining

.

and cooperating in the investigation and neither in a

position to flee from justice, nor in a position to tamper with

the prosecution evidence, this Court finds that present is a

fit case where judicial discretion to admit the petitioner on

bail is required to be exercised in his favour. So, it is ordered

that in the event of his arrest in F.I.R. No. 58 of 2018, dated

27.03.2018, under Sections 354-D, 506 and 509 of the Indian

Penal Code and F.I.R. No. 64 of 2018, dated 26.03.2018,

under Sections 354-D, 504, 506, 452 and 34 of the Indian

Penal Code, the petitioner be released on bail, on his

furnishing personal bonds to the tune of ` 20,000/- (Rupees

twenty thousand), with one surety in the like amount to the

satisfaction of Investigating Officer(s) in each case. The bail

is granted subject to the following conditions:

i. That the petitioner(s) will join investigation of case as
and when called for by the Investigating Officer in
accordance with law.

ii. That the petitioner(s) will not leave India without prior
permission of the Court.

iii. That the petitioner(s) will 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 the
Investigating Officer or Court.

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4

iv In case the petitioner try to tamper with the prosecution
evidence in any manner, the present bail is liable to be
cancelled.

5. Accordingly, the petitions stand disposed of.

.

Copy dasti.

(Chander Bhusan Barowalia)
April 25, 2018 Judge
(raman)

r to

26/04/2018 22:58:49 :::HCHP

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