The High Court of Himachal Pradesh considered an anticipatory bail application under Section 438 CrPC. The court observed the petitioner's innocence, cooperation in investigation, and inability to flee or tamper with evidence, granting bail.
Petitioner granted bail on personal bond of rupees 10,000 with one surety in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP (M) No.506 of 2017 Decided on: 16th May, 2017
_____________________________________________________________ Brij Lal ....Petitioner
Versus
State of Himachal Pradesh
…Respondent
Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. Ajay Chandel, Advocate.
For the respondent : Mr. Pushpinder Singh Jaswal, Dy. Advocate General and Mr. Rajat Chauhan, Law Officer. ASI Mehar Chand, Police Station, Nirmand, District Kullu, H.P.
Chander Bhusan Barowalia, Judge
The present bail application is maintained by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail in case FIR No. 20/2017, dated 27.03.2017, under Sections 363, 366-A, 342, 323 read with Section 120-B of the Indian Penal Code, registered at Police Station Nirmand, District Kullu, H.P.
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
respectable family and has not committed any offence whatsoever.
beatings to her and forcibly took away her to village Didnu, where her husband had also given her beatings and locked her in a room. Thereafter, on the basis of information given by some neighborer, Police reached there and lodged FIR No. 20/2017, dated 27.03.2017, under Sections 363, 366-A, 342, 323 read with Section 120-B of the Indian Penal Code.
dissuade him/her from disclosing such facts to the Investigating Officer or Court.
(Chander Bhusan Barowalia) 16th May, 2017 Judge
(raman)
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in the present FIR.
Whether the petitioner should be released on bail upon furnishing a bond.
1 provisions across 1 enactments
Brij Lal
State of Himachal Pradesh
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
