Labh Singh vs State Of H.P.

Vivek Singh Thakur, J

Petitioner has approached this Court for bail, under Section 438 Cr.P.C., in case FIR No. 75 of 2020, dated 06.05.2020, registered in Police Station Karsog, District Mandi, H.P. under Section 18 of ND&PS Act.

2 Status report stands filed. The same is perused and taken on record.

On instructions, learned Deputy Advocate General submits that petitioner has joined the investigation and investigation is almost complete and nothing is to be recovered from petitioner and his custodial interrogation is not required by Investigating Agency.

4 In view of above, considering the submissions made by learned Deputy Advocate General, I am of the opinion that no fruitful purpose is going to serve by keeping the petitioner behind the bars and therefore, protection granted to petitioner vide order dated 20th May, 2020 is extended and he is ordered to be enlarged on bail subject to furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Karsog, District Mandi within two weeks from today, 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 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;

(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 he 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 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.

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.

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

Dasti copy on usual terms.