BABLI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 23.12.2019, whereby the petitioner had surrendered before this Court and was enlarged on bail in connection with FIR No. 390/19 dated 21.12.2019, under Section 3(1) (R) of the SC/ST (Prevention of Atrocities) Act, 1989 and Sections 504 and 506 of IPC, registered at PS Balh, District Mandi, H.P., SI Mokh Ram, P.S. Balh, District Mandi, H.P., has come present alongwith records. Mr. Sudhir Bhatnagar, learned Additional 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. Whether the reporters of the local papers may be allowed to see the judgment?

(2.) Learned Additional Advocate General, on the instructions of Investigating Officer, who is present in Court, fairly stated that petitioner has joined the investigation in terms of previous order dated 23.12.2019, passed by this Court and her 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 she shall always make herself 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. Otherwise, bail is not to be withheld as a punishment. Otherwise also, normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime.