Abhilakshay Jagota vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court seeking bail under Section 438 Code of Criminal Procedure (in short ‘CrPC’), in case FIR No. 4 of

2022, dated 19.1.2022, registered under Sections 420, 406 and 408 of the Indian Penal Code in Police Station SV&ACB Dharamshala, District

Kangra, HP,

Fresh status report stands filed wherein details of embezzlement alleged to have been committed by the petitioner have been given with further

contention that petitioner has joined investigation and entire record has been produced by him which has been taken into possession. The Officer

present in Court submits that out of 53 victims, statements of 14 persons have been recorded and now statements of remaining victims are yet to be

recorded and investigation is in progress and further that at this stage, custodial interrogation of the petitioner is not warranted.

In view of the above circumstances, petitioner, at this stage, is directed to be enlarged on bail subject to furnishing fresh personal bond in the sum of

`50,000/- (rupees fifty thousand only) with one surety in the like amount, to the satisfaction of the trial Court i.e. Special/Sessions Judge, Kangra at

Dharamshala, District Kangra, H.P., within two weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court,

including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial and also subject to following

conditions:-

(i) That the petitioner shall join investigation and attend the Court as and when directed to do so by the Investigating Officer/Court;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or

influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by

prosecution;

(viii) that the petitioner shall not leave the territory of India without prior permission; and

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if

any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary

in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or

further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach

the competent Court of law for cancellation of bail, in accordance with law.

Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV-7139

dated 18.03.2013.

Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the

bail application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of

the order, however, it may verify the order from the High Court website or otherwise.

Petition is disposed of in aforesaid terms.