Bhole Ram vs State Of H.P.

Jyotsna Rewal Dua, J

Interim protection was granted to the petitioner vide order dated 5.1.2021 in FIR No. 96/2020, dated 1.5.2020, registered under Sections 8 and 18 of

NDPS Act, at Police Station, Aut, District Mandi, H.P. .

Perusal of status report reveals that the petitioner has joined the investigation and is facilitating the investigating agency. The status report also

records the fact that the investigation in the case is complete. No recovery is to be effected from the petitioner. Petitioner is also not required to be

interrogated in the matter any further. Status report does not record any criminal antecedent of the petitioner. There is no complaint in the status

report that post registration of FIR on 1.5.2020 the petitioner intimidated or influenced the prosecution witnesses or tried to hamper the investigation in

any manner.

Learned Additional Advocate General did not oppose the confirmation of the interim protection subject to the condition that the petitioner be directed

to join the investigation as and when required by the investigating agency. Accordingly, the interim protection granted to the petitioner vide order dated

5.1.2021 is made absolute subject to following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner will not leave India without prior permission of the Court.

(iv) 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;

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) 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.

(vii) It is made clear that in case the petitioner is arraigned as an accused in future, in any FIR, more particularly under the NDPS Act, then this bail is

liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

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. Learned trial Court shall decide the matter without being influenced by above observations.

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