LAWS(HPH)-2014-4-3

SWAROOP Vs. STATE OF HIMACHAL PRADESH

Decided On April 09, 2014
Sh. Swaroop Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) ASI -Ram Pal, Investigating Officer, Police Post Gehra, P.S. Bharmour, Distt. Chamba, H.P., is present alongwith record. Record perused and returned. Status report filed and taken on record. F.I.R. No. 67/12 was registered at Police Station, Bharmour, Distt. Chamba, H.P. on 8.10.2012, under the provisions of Sections 363 and 366 of the Indian Penal Code. Apprehending arrest, petitioner approached this Court, seeking bail under the provisions of Section 438 of the Code of Criminal Procedure. On 1.4.2014 this Court passed an interim order, directing that in the event of arrest, petitioner shall be enlarged on bail, subject to his complying with the conditions imposed therein. The said interim order is in operation till date.

(2.) IT has come on record that petitioner has now solemnized marriage with Ms. Anita whose father had lodged complaint with the police on 8.10.2012. Also through the wed -lock one son is born. The parties are happily residing within the state of Himachal Pradesh.

(3.) HAVING perused the record as also heard the learned counsel for the parties, I am of the considered view that prima facie petitioner has made out a case for grant of bail. Detention of the present petitioner would not serve any purpose as his custodial interrogation is not required at all.