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Judgment
10 paragraphs · 327 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 Nirmal Singh, P.S. Ramshehar, District Solan, H.P., has submitted that the investigation is complete and custodial interrogation of the petitioner is not required at this stage. 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 complete, coupled with the fact that custodial interrogation of the petitioner is not required at this stage, the petitioner deserves to be released on bail in case F.I.R. No. 04/2023, dated 23.01.2023, under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code, registered at Police Station Ramshehar, District Solan, H.P.. Accordingly, the bail application is allowed and the interim order dated 31.05.2023, 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.
