Akal Parkash vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The prayer in this petition under Section 438 of the Code of Criminal Procedure is for grant of anticipatory bail in FIR No.204/2020, dated 19.06.2020, registered under Sections 420, 465 and 470 of the Indian Penal Code, at Police Station Sadar Chamba, District Chamba. Interim protection was granted to the petitioner vide order dated 25.06.2020.

I have perused the status report filed by the respondent-State and heard learned counsel for the parties.

According to the status report:-

3(i). The Deputy Director of Higher Education, Chamba, had sent a written complaint to the State Vigilance & Anti Corruption Bureau, Dharamshala, forwarding a complaint received from the Principal, GSSS(B) Chamba, against the petitioner. The gist of the complaint was that at the time of his promotion as Lab Attendant, the petitioner had produced a matric certificate from the Board of High School Intermediate Education, Uttar Pradesh with examination centre CMGHSS, Lodhanwan Shivpur Varanasi, UP. This certificate showed the petitioner having passed out the examination in the year 2005 under Roll No.151878, as a private candidate. Further averment in the complaint was that the information was sought from the Board about the certificate with the request to verify the same, however, the Board did not respond to the same. Whereas on entering the roll number reflected in the certificate in question on the official website of the Board, the digits were shown short. Therefore, a doubt was expressed that the certificate produced by the petitioner might be fake. Accordingly, request was made to verify the matric certificate of the petitioner.

3(ii). It has further come in the status report that pursuant to the interim protection granted by this Court, the petitioner has joined the investigation and produced his high school certificate as well as marks sheet in respect of passing the high school examination.

Learned Additional Advocate General has submitted that since the petitioner has already produced his matric certificate, has joined the investigation and is co-operating with the Investigating Agency at this stage, therefore, his custodial interrogation is not required. However, the petitioner may be directed to co-operate with the investigation and appear before the Investigating Agency as and when directed by it in accordance with law.

Investigation in the case is though still being carried out, however, the petitioner is co-operating with the investigation and has produced his matric certificate in question as well as the detailed marks sheet before the Investigating Agency, therefore, his custodial interrogation is not necessary. He is resident of Village & Post Office Rai, Tehsil Pangi, District Chamba, HP and presently working as Lab Attendant in GSSS(B) Chamba, therefore, his presence can be secured. Accordingly, the interim order dated 25.06.2020 is made absolute subject to following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner shall not contact the complainant, threaten or browbeat him/her or to use any pressure tactics in any manner whatsoever.

(iv). The petitioner will not leave India without prior permission of the Court.

(v). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(vi). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vii). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter.

The parties/competent authority shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court. However, the Registry is directed to send copy of this order to learned counsel for the parties through e-mail subject to furnishing e -mail addresses by them, if so required. Authenticated copy be also supplied by the Secretary, in case so requested by the learned counsel for the parties.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.