Dinesh Singh vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court for bail under Section 438 Criminal Procedure Code (in short Cr.P.C.), in case FIR No.34 of 2019, dated 14.03.2019, registered under the provisions of Sections 420 and 120B of the Indian Penal Code (in short 'IPC'), in Police Station Nadaun, District Hamirpur , H.P.

Status report stands filed, wherein it is informed that petitioner has joined the investigation, however, further interrogation with respect to transaction of amount on the basis of entries in the Account Books is yet to be made. According to the Investigating Officer, the fact has come in his notice that an amount of Rs.3,00,000/- was transferred from the account of S.S. Traders in the account of petitioner.

In response thereto, petitioner has placed on record account statement, which indicates that a sum of Rs.2,00,000/- was returned back to the account of S.S. Traders and according to him, a sum of Rs.1,00,000/- was given back to S.S. Traders on 06.05.2013 itself, in cash, as demanded by the representative of S.S. Traders.

Be that as it may, it is a matter of investigation and to be taken into consideration by the trial Court on the basis of evidence produced before it.

Main accused, in present case, Arun Kumar and his Agent Vipin Kumar have already been released by the trial Court. It is stated in the status report that there is possibility of influencing witnesses and tampering with the evidence in case petitioner is enlarged on bail.

In case bail is granted to the petitioner and he indulges in such activity, his bail shall definitely be liable to be cancelled and the Investigating Agency would be at liberty to take appropriate steps in that regard.

Without commenting upon the plea and counter plea taken by the parties on merit, considering entire facts and circumstances of the case, I am of the opinion that at this stage, no fruitful purpose is going to be served by committing the petitioner to jail, who is in interim bail since February 2020 and during intervening petition could not be taken up for hearing due to complete Lockdown in the entire Country on account of COVID-19 pandemic.

Accordingly, petitioner is enlarged on bail and interim bail granted on 25.02.2020 is confirmed, subject to furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court, 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 these 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.

Registry to transmit a copy of this order to the trial Court through E-mail.

Copy dasti.