High CourtsSingle Bench

Rajender Kumar vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 25 August 2020 · Citation: (2020) 08 SHI CK 0324

HON’BLE JUDGES
Vivek Singh Thakur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 120B, 420, 467, 468, 471
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1374 Of 2020
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Judgment

29 paragraphs · 474 words

Vivek Singh Thakur, J

1.

This petition has been preferred seeking bail under Section 438 Criminal Procedure Code (in short Cr.P.C.), in case FIR No.79 of 2019, dated

26.03.2019, registered under the provisions of Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code (in short ‘IPC’), in Police Station,

Sadar Mandi, District Mandi, H.P.

2.

Status report stands filed.

3.

Investigating Officer, who is present through Video Conferencing, submits that petitioner has joined investigation and his specimen signatures have

been taken and nothing is required to be recovered from him and his custodial interrogation is not required, at this stage.

4.

Considering submissions made by Investigating Officer, petitioner is released on bail, subject to furnishing his personal bond in the sum of `30,000/-

with one surety in the like amount to the satisfaction of the trial Court within two weeks from today, subject to further following conditions:-

(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/her 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 he 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; and

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or

during trial.

5.

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.

6.

In case the petitioner violates any conditions 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.

7.

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.

8.

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 stands disposed of in the aforesaid terms.

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

Copy dasti.