Raja Ram vs State of Himachal Pradesh

Present petition has been filed under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ''CrPC'') praying for grant of anticipatory bail in FIR No. 140/2017, dated 14th June, 2017, under Sections 323, 325, 356, 504 and 506 of the Indian Penal Code (hereinafter referred to as "IPC") read with Section 34 IPC registered at Police Station Hamirpur.

Status report has been filed. It is evident from the status report that the investigation is complete. The amount of Rs. 2,000/alleged to have been stolen also stands recovered from coaccused Ashwani Kumar and there is nothing to be recovered from the petitioneraccused. Coaccused Ashwani Kumar was also granted anticipatory bail by coordinate Bench of this Court, which was confirmed on 17th July, 2017.

The only reason to oppose the grant of bail to the petitioneraccused is the apprehension of absconding on the ground that he is resident of Punjab, is not a plausible reason to deny bail to the petitioneraccused, particularly when the coaccused, having the same role in committing the alleged offence, has already been enlarged on bail. Moreover, investigation is almost complete and petitioneraccused has joined investigation in terms of order, dated 30th June, 2017 and further orders passed subsequent thereto in the present petition.

Consequently, in view of above, order, dated 30th June, 2017, passed in the present petition, is made absolute subject to the following conditions:

(a) Petitioner shall make himself available for the purpose of interrogation, if so required and regularly 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 nor hamper the investigation of the case 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;

(d) He shall not leave the territory of India without the prior permission of the Court; and

(e) He shall furnish one more local surety from the State of Himachal Pradesh in addition to the surety already furnished in compliance to order, dated 30th June, 2017, to the satisfaction of the Investigating Officer within two weeks.

It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail.

Any observation made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone.

Petition stands disposed of accordingly. Copy dasti.