SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner apprehends his arrest in connection with a case registered against him vide FIR No. 10/2014 on 20.1.2014 under Sections 451 and 506 of Indian Penal Code in Police Station Dhalli, District Shimla. Allegations against him as disclosed from the report produced by ASI Baldev Singh, Police Station, Dhalli, reveals that he has been booked in this case at the instance of one Smt Pooja. The record further reveals that complainant is widow and the complaint is that accused petitioner under the influence of liquor entered into her house off and on and maltreated her. She objected to such an act and conduct of the accused petitioner and even apprised his wife and other family members also but of no avail. With these allegations, the case against the petitioner has been registered. The investigation is complete in this case. The accused is local resident of Shimla, therefore, there is no possibility of his fleeing away from justice or not available for the purpose of trial. The offence he allegedly committed under Section 451 of Indian Penal Code is bailable. However, it is offence he allegedly committed under Section 506 of Indian Penal Code is non-bailable within the State of Himachal Pradesh. Therefore keeping in view the nature of the allegations against him coupled with the factum of the accused petitioner a local resident, this petition is allowed and it is ordered that in the event of the arrest of the accused-petitioner in connection with the aforesaid case, he shall be released on bail on his furnishing personal bonds in the sum of Rs. 25,000/- (twenty five thousand) with one surety in the like amount to the satisfaction Investigating Officer/Arresting Police Officer and further abide by the following conditions:--

(2.) It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him; the investigating agency shall be free to move this Court for cancellation of the bail. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The petition stands accordingly disposed of.