Naushand Alam vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for release on bail in FIR No. 33/21,

dated 11.04.2021, registered under Sections 13(2) of the PC Act, Sections 420, 465, 467, 471 and 120-B of the Indian Penal Code and Section 39(1)

(a) of the Himachal Pradesh Excise Act at Police Station Parwanoo, District Solan, H.P.

It is not in dispute that the petitioner is in judicial custody and the other co-accused, who were arrested post lodging of the FIR in issue, now stand

released on bail.

Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 33/21, dated 11.04.2021, registered under

Sections 13(2) of the PC Act, Sections 420, 465, 467, 471 and 120-B of the Indian Penal Code and Section 39(1)(a) of the Himachal Pradesh Excise

Act at Police Station Parwanoo, District Solan, H.P.., subject to his furnishing bail bond in the sum of Rs.25,000/- with one surety of the like amount to

the satisfaction of concerned Chief Judicial Magistrate/Additional Chief Judicial Magistrate/Judicial Magistrate First Class (JMFC). The petitioner

shall also abide by the following conditions:

“(a) He shall attend the Trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance

by filing appropriate application;

(b) He shall not tamper with the prosecution evidence in any manner whatsoever;

(c) He shall not 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 the Court or the Police Officer; and

(d) He shall not leave the territory of India without prior permission of the Court.â€​

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the

present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this

petition during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon him

while granting the present bail, the State shall be at liberty to approach this

Court for the cancellation of bail.

Copy dasti.