Ankit Kumar vs State Of H.P

Vivek Singh Thakur, J

This petition has been preferred under Section 438 Cr.P.C. for enlargement of petitioner on bail in case FIR No. 76 of 2020, dated 25.8.2020, registered under Section 39(i)(a) of H.P. Excise Act in Police Station Kala Amb, District Sirmour, H.P.

2 Status report stands filed, wherein it is stated that investigation is almost complete and petitioner has joined the investigation and now, nothing is to be recovered from him.

3 Investigating Officer, present in Court, also submits that custodial interrogation of petitioner is also not warranted.

4 Considering the entire facts and circumstances of the case and also submissions of Investigating Officer, present in Court, I am of the opinion that no fruitful purpose is going to be served by keeping the petitioner behind the bars and at this stage petitioner is entitled to be enlarged on bail in case FIR No. 76 of 2020 registered at P.S. Kala Amb. Therefore, the petitioner is ordered to be released on bail, subject to furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate/Judicial Magistrate 1st Class, Sirmaur at Nahan on or before 30th October, 2020, subject to the following conditions:-

(i) That the petitioner shall make himself available during investigation as well as the trial on each and every date as and when required;

(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 her from disclosing such facts to Court or to any police officer or tamper with the evidence. She shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(ii) That he shall not obstruct the smooth progress of the investigation as well as trial;

(iii) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station.

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which she is suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also 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 them, 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.

Learned 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 18.3.2013.

8 Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 438 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.