Aakarshan Kapoor vs State of Himachal Pradesh

By way of this petition filed under Section 439 of the Code of Criminal Procedure Code (hereinafter referred to ''Cr.P.C.'' for short), petitioner

has prayed for grant of regular bail in FIR No. 220 of 2017, dated 19.12.2017, registered at Police Station Rampur, under Sections 307, 353,

332 and 279 of Indian Penal Code (hereinafter referred to ''IPC'' for short).

Mr. Satyen Vaidya, learned Senior Counsel appearing for the petitioner has argued that the petitioner was arrested on 19.12.2017 and is in

judicial custody since 20.12.2017. He further submits that the petitioner is a permanent resident of Chakker, Shimla and otherwise, he is a dental

Doctor by profession and in case, this Court exercises its discretion to release him on bail, he undertakes not to influence witnesses nor cause any

hindrance in the course of investigation.

Learned Deputy Advocate General has filed fresh status report and he submits that petitioner is presently lodged in Model Central Jail, Kanda.

I have heard learned Senior Counsel appearing for the petitioner as well as learned Deputy Advocate General and gone through the status

report which has been filed by the State today as well as records of the case.

Be that as it may, at this stage, this Court only has to see as to whether the enlargement of the petitioner on bail shall hamper the investigation or

not and as to what is the gravity of the offence alleged against him.

Taking into consideration the fact that the petitioner is in judicial custody since 20.12.2017 and presently lodged at Model Central Jail, Kanda,

Shimla and factual matrix involved in the case which is apparent from the status report so filed by the State, in my considered view, this is a fit case

where the petitioner can be enlarged on bail. Apprehension of the State that petitioner may win over the prosecution witnesses or cause hindrance

in the course of investigation, if released on bail, can be taken care of by imposition of conditions upon the petitioner, with liberty to the State for

filing application for cancellation of the bail, in case petitioner disobeys the conditions of bail. Learned Senior Counsel for the petitioner points out

that as petitioner is lodged in Model Central Jail, Kanda, Shimla, it will be in the interest of justice, in case this Court permits the petitioner, who is

permanent resident of Chakker, Shimla to furnish bail bonds to the satisfaction of CJM/ACJM/JMIC, at Shimla. Ordered accordingly.

Accordingly, this petition is allowed and petitioner is ordered to be released on bail in case FIR No. 220 of 2017, dated 19.12.2017, registered

at Police Station Rampur, under Sections 307, 353, 332 and 279 of Indian Penal Code, on his furnishing personal bond to the tune of Rs.50,000/-

with one surety in the like amount to the satisfaction of learned CJM/ACJM/JMIC, Shimla, subject to the following conditions.

i) Petitioner shall made himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date

of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

ii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

iii) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from

disclosing such facts to the Court or the Police Officer; and

iv) He shall not leave the territory of India without prior permission of the Court.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the

present bail application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this

petition during the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed

upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands

disposed of in the above terms. Copy dasti.