DHIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S.439 CrPC, prayer has been made on behalf of the petitioner for grant of regular bail in FIR No. 161, dated 23.7.2020 under Ss. 498(A) and 506 IPC registered at Police Station West, District Shimla, Himachal Pradesh. Status report stands filed.

(2.) Learned Additional Advocate General, states that though nothing required to be recovered from the bail petitioner, however, keeping in view the gravity of offence alleged to have been committed by bail petitioner, he does not deserve any leniency rather the bail petitioner needs to be dealt with severely as such, petition may be rejected outrightly. Learned Additional Advocate General, while expressing his apprehension that in the event of bail petitioner being enlarged on bail, he may flee from justice or tamper with the prosecution evidence, stated that, in case, this Court intends to enlarge the petitioner on bail, he may be imposed strict conditions.

(3.) Having heard learned counsel for the parties and perused the material available on record, this Court sees no reason to let the bail petitioner incarcerate in jail for an indefinite period during trial. Apprehension expressed by the learned Additional Advocate General that in the event of being enlarged on bail, bail petitioner may flee from justice or tamper with prosecution evidence, can be best met by putting the bail petitioner to stringent conditions. Otherwise also, Hon'ble Apex Court and this Court have repeatedly held that till the time, guilt of an individual is proved in accordance with, he/she is deemed to be innocent. In the case at hand guilt, if any, of the bail petitioner, is yet to be determined in the totality of the evidence collected on record by the prosecution. Otherwise also, co-accused stand already enlarged by this court vide judgment dated 25.8.2020 rendered in CrMP(M) No. 1428 of 2020.