Ram Gopal vs State Of Himachal Pradesh

Ajay Mohan Goel, J

Heard.

On instructions, learned Deputy Advocate General submits that the petitioner is participating in the course of investigation as and when directed by the Investigating Officer. Further, as of now, no recovery etc. is to be effected at his instance. However, as per him, grant of anticipatory bail is not warranted in the facts of the case.

I have heard learned Counsel for the parties and also gone through the status report.

It is not in dispute that after the grant of bail, the petitioner has duly participated in the course of investigation. It is also not in dispute that now investigation is complete and challan also stands filed before the learned Trial Court.

Therefore, keeping into consideration the fact that the investigation is now complete, this petition is allowed and the petitioner is ordered to be released in FIR No. 18 of 2021, dated 11.03.2021, registered under Sections 354, 354D, 341, 504, 506 read with Section 34 of the Indian Penal at Police Station Sadar, Solan, District Solan, H.P by making order dated 16.03.2021 as absolute, subject to the following conditions:-

• Petitioner shall furnish personal bond in the sum of  Rs.25,000/- with one surety in the like amount to the satisfaction of the learned Trial Court within a period of two weeks from today.

• He 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;

• He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

• 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

• He shall not leave the territory of India without prior permission of the Court.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced, in any manner, whatsoever, by any of the findings so returned by this Court in the adjudication of this petition, during the course of trial of the case. It is further clarified that in case the petitioner does not complies with any of the conditions which have been imposed upon him while granting the present bail, the State/complainant shall be at liberty to approach this Court for the cancellation of the bail.

Learned Counsel for the complainant submits that the petitioner is trying to influence the witnesses and also harass the complainant. This Court reserves liberty to the complainant that in case hereinafter the petitioner indulges in any such activity, then, the complainant shall be at liberty to approach this Court for cancellation of the bail by moving appropriate application substantiated with material to demonstrate the allegations.

The petition stands disposed of in the above terms.

Copy dasti.