Guman Singh vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court, seeking anticipatory bail under Section 438 Code of Criminal Procedure (in short ‘Cr.P.C.’), in case FIR No.80 of 2022, dated 30.03.2022, registered in Police Station Sadar, Hamirpur, District Hamirpur, H.P., under Sections 420, 465, 468 and 471 of the Indian Penal Code (in short ‘IPC’).

Fresh status report stands filed, wherein it has been stated that petitioner has joined investigation and after arresting him he was enlarged on bail by accepting his bail bonds in compliance of order dated 02.04.2022 passed in this petition and thereafter, his specimen signatures and handwriting have also been obtained and have sent for comparison to Regional Forensic Science Laboratory, Dharamshala. Result whereof, is still awaited. Rest investigation is almost complete.

Learned counsel for the petitioner has submitted that in present case allegation has been levelled against the petitioner that he has tampered with his height mentioned in his service record, whereas, as a matter of fact, petitioner can neither stretch nor reduce his length and his height is a matter of fact to be verified on the spot at the time of medical/physical test to be conducted at the time of recruitment for the post of Constable and this fact was very much in the knowledge of the petitioner being Ex-Serviceman and, therefore, it is a wrong notion to construe that petitioner has tampered with record as it would have, in no manner, benefited the petitioner.

Learned Additional Advocate General, under instructions, has submitted that for joining Disciplinary Force of Police, petitioner has been found indulged in commission of offence and, therefore, it is a matter of serious concern, particularly when petitioner is an Ex-Serviceman.

Without commenting upon merit of rival contentions of the parties, considering the nature of offence in reference, and by taking into consideration all factors and parameters required to be considered at the time of considering bail applications, I find that petitioner may be enlarged on bail.

Accordingly, present petition is allowed and petitioner is directed to be enlarged on bail, subject to his furnishing personal bond in the sum of `50,000/ - with one surety, in the like amount, to the satisfaction of the trial Court, within four weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial:-

(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 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 the petitioner 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;

(vii) that in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution;

(viii) that the petitioner shall not leave the territory of India without prior permission; and

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if any, in future.

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 and thereupon, it will also be 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 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 is disposed of in aforesaid terms.

Copy dasti.

Petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court/authorities concerned, and the said Court/authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.