Anup Kumar vs State Of Himachal Pradesh

Vivek Singh Thakur, J

This petition has been preferred seeking bail under Section 438 Criminal Procedure Code (in short Cr.P.C.), in case FIR No.79 of 2019, dated 12.07.2019, registered under the provisions of Sections 406, 417, 418, 420, 422, 423 and 120-B of the Indian Penal Code (in short 'IPC'), in Police Station, Rohru, District Shimla, H.P.

Status report stands filed and taken on record, wherein it is stated that petitioner has joined investigation and has handed over some documents and further investigation shall be conducted by joining him in the investigation. Investigating Officer has categorically stated through Video Conferencing from the office of learned Advocate General that custody of the petitioner, either police or judicial, is not warranted, at this stage.

Considering submissions made by Investigating Officer, interim bail dated 11.06.2020 is confirmed, subject to petitioner's furnishing personal bond in the sum of `30,000/- with one surety in the like amount to the satisfaction of learned Judicial Magistrate, Rohru, District Shimla, H.P., within two weeks from today, subject to further following conditions:-

(i). That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case 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 him/her 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 he 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; and

(vii). that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial.

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.

In case the petitioner violates any conditions 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. Petition stands disposed of in the aforesaid terms.

The trial Court shall not insist for certified copy of the order and can verify the same from the High Court Website and from the Registry. Petitioner is at liberty to produce the downloaded copy of the order from the High Court Website.