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Judgment
10 paragraphs · 342 wordsSushil Kukreja, J
Fresh status report stands filed.
It is not in dispute that the petitioner has been joining the investigation as and when called by the Investigating Officer.
The learned Additional Advocate General, on instructions received from ASI Megh Raj, P.S. Sadar-Chamba, District Chamba, H.P., has submitted that the investigation is almost complete and nothing remains to be recovered from the petitioner. He further submitted that custodial interrogation of the petitioner is not required. Furthermore, there is no evidence on record to suggest that the petitioner will tamper with the prosecution evidence, if released on bail and there is also nothing on record to suggest that the petitioner will abscond and flee from justice, if enlarged on bail.
Therefore, in view of the facts and circumstances of the case, since the investigation in the case is almost complete and nothing remains to be recovered from the petitioner, coupled with the fact that his custodial interrogation is not required, the petitioner deserves to be released on bail in case F.I.R. No. 196/2023, dated 24.06.2023, under Sections 452, 147, 148, 149, 323 and 506 of the Indian Penal Code, registered at Police Station Sadar-Chamba, District Chamba, H.P. Accordingly, the bail application is allowed and the interim order dated 26.06.2023, is made absolute, subject to the following conditions:-
“(i) That the petitioner will appear before the Court and the Investigating Officer whenever required;
(ii) That he will 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 any facts to the Court or the police;
(iii) That he will not tamper with the prosecution evidence nor they will try to win over the prosecution witnesses in any manner;
(iv) That he will not leave India without prior permission of the Court.”
Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioner.