Rakesh Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is co-accused in FIR No. 5/2019, dated 17.9.2019, registered under Section 409, 420, 120- B of Indian Penal Code and Section 13(1)(c) readwith Section 13(2) of Prevention of Corruption Act, at Police Station, State Vigilance and Anti-Corruption Bureau, Solan, Himachal Pradesh. He has preferred instant petition under Section 438 of Code of Criminal Procedure seeking anticipatory bail in the above mentioned FIR.

Ad- interim bail was granted to the petitioner vide order dated 1.10.2021 subject to the terms and conditions mentioned therein. Status report has been filed today by learned Deputy Advocate General, as per which the petitioner has joined the investigation and is co-operating the investigating agency. He has also deposited an amount of Rs. 2,35,450/- in the bank account of the concerned Gram Panchayat. The status report records that no recovery remains to be effected from the petitioner and that the entire investigation in the matter is almost complete. It has also been submitted by learned Deputy Advocate General that the bail petition filed under Section 438 Cr.P.C. by the co-accused Sunder Singh Jaswal, the then Pradhan of concerned Gram Panchayat, Sayri bearing Cr.MP(M) No. 1785 of 2019 has already been allowed by co-ordinate Bench of this Court on 4.10.2019. Learned Deputy Advocate General on the basis of the instructions fairly submitted that in the facts and circumstances, at present the custodial interrogation of the petitioner is not required by the Investigating Agency.

In view of the stand taken by the State and the status report so filed by the respondent, the ad-interim protection granted to the petitioner vide order dated 1.10.2021 is made absolute subject to following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner will not leave India without prior permission of the Court.

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.