HITENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 5.9.2019, whereby petitioner had surrendered before this Court and was enlarged on bail in connection with FIR No. 60 of 2019 dated 26.8.2019, under Sections 323, 34 and 506 of IPC and Section 3 of SC/ST (Prevention of Atrocities) Act, 1989, registered at PS Sarahan (Pachhad), District Sirmaur (H.P.), Mr. Ashok Negi SI/Sho, has come present alongwith records. Mr. Kunal Thakur, learned Deputy Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(2.) Learned Deputy Advocate General, on instructions from Investigating Officer, who is present in Court, fairly stated that petitioner has joined the investigation in terms of previous order dated 5.9.2019, passed by this Court and his custodial interrogation is not required. He on the instructions of Investigating Officer also stated that State has no objection in case, the petitioner is ordered to be enlarged on bail subject to condition that he shall always make himself available as and when required by the Investigating Agency.

(3.) Needless to say object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial.