Bail petition under Section 439 CrPC in a murder FIR. Co-accused had already been released on bail by the same Court; the State's opposition on gravity was noted but parity prevailed. Bail granted on a personal bond with conditions.
Petitioner ordered released on bail on personal bond of Rs.2,00,000 with one surety, subject to conditions
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.
2024:HHC:5023
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No.1405 of 2024 Decided on: 12.07.2024
Santosh Kumar .…Petitioner.
Versus
State of Himachal Pradesh …. Respondent.
Coram
Hon’ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioner : M/s Sartaj Singh Narula, Sative Chauhan and Jannat Duhan, Advocates.
For the Respondent : Mr. Rajat Chauhan, Law Officer.
HC Hemant Kumar No.77, Police Station Kasauli, Distt. Solan, H.P., present in person.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, filed under Section 439 of the Criminal Procedure Code, petitioner has prayed for his enlargement on bail, in FIR No.45 of 2021, dated 14.08.2021, registered under Sections 302, 323, 352, 451, 147, 148 read with Section 149 of the Indian Penal Code, at Police Station Kasauli, District Solan, H.P.
1 Whether reporters of the local papers may be allowed to see the judgment?
2
3
satisfaction of the learned Trial Court concerned, within a period of two weeks from today, on the following conditions:-
“(a) He shall attend the Trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; �
(b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;�
(c) He shall not 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 Court or the Police Officer; and �
(d) He shall not leave the territory of the State of Himachal Pradesh without prior permission of the learned trial Court .”
by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.
(Ajay Mohan Goel)
Judge
July 12, 2024 (Rishi)
1 issue framed by the court
Whether the petitioner, in custody since August 2021 for offences including Section 302 IPC, should be enlarged on bail given co-accused were already released on bail.
2 provisions across 2 enactments
Santosh Kumar
State of Himachal Pradesh
Ajay Mohan Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
