IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 5^th DAY OF OCTOBER, 2021 BEFORE HON’BLE MR. JUSTICE ANOOP CHITKARA CRIMINAL MISC. PETITION (MAIN) No.1793 of 2021 Between:-

STATE OF HIMACHAL PRADESH …. PETITIONER (BY SHRI NAND LAL THAKUR, ADDITIONAL ADVOCATE GENERAL, SHRI KUNAL THAKUR, DEPUTY ADVOCATE GENERAL, SHRI RAM LAL THAKUR AND SHRI SUNNY DHATWALIA, ASSISTANT ADVOCATE GENERALS, FOR THE STAT E.)

AND SURENDER @ SIKANDER, SON OF SHRI HOTAM RAM, RESIDENT OF VILLAGE BUHAD, P.O. JARI, TEHSIL BHUNTER, DISTRICT KULLU, H.P.

…. RESPONDENT (BY SHRI VIJAY ARORA, ADVOCATE)

____________________________________________________________________

This petition coming on for orders this day, the Court passed the following:

O R D E R

ASI Parkash Chand, Police Station, Bfhunter, District Kullu, H.P., is present alongwith record.

2. The present petition has tbeen filed by the State under Section 439(2) Cr.PC, seeking cancellation of the bail granted by this Court in the above captioned FIR.

3. I have heard Mr. Nand Lal Thakur, learned Additional Advocate General for the petitioner- State and Mr. Vijay Arora, learned counsel for the respondent. The ground for cancellation of the bail is violation of bail conditions.

4. Mr. Vijay Arora, learned counsel, submits that the accused has been falsely implicated due to the grudge of Police officials against him. 5. Mr. Nand Lal Thakur, learned Additional Advocate General, has clearly denied such allegations and submits that the accused have violated the bail conditions.

6. A perusal of the FIR reveals that fresh cases have been registered against the accused pertaining to an incident which is unrelated to honey trapping. The Investigator also revealed that the accused has been released on bail in the fresh FIRs. P

7. Given above, it shall be suffice to alter the condition No.18 of the bail order by adding that during the pendency of the trial, the accused shall not visit the villages of the victims in all F IRs lodged against him. The names of villages where the petitiooner/accused shall not visit are as under:-

(i) Manali, District Kullu.

(ii) Jallugran, Bhuntar (iii) Bhakali, Bhuntar (iv) Dhela, Bhuntar (v)C Sainj, Banjar (vi) Dabri Mohal, Bhuntar (vii) Bhuntar (viii) Mohal Bhuntar (ix) Nagwai, Mandi (x) Bhuntar H (xi) Manali (xii) Dohra Nala, Kullu.

8. In case, the petitioner has some personal difficulty for non visiting the village, he may file an application before learned trial Court giving reasons and the trial Court/Sessions Court shall be competent to modify this order to that extent.

9. It is clarified that in case of any single violation, it shall be open for the State to file another application in the trial Court for Pcancellation of this bail order.

With the aforesaid observations, the present petition filed by the State is partly allowed.

Anoop Chitkara, October 5, 2021 (ks). Judge