Satinder Singh vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court seeking bail under Section 438 Code of Criminal Procedure (in short ‘CrPC’), in case FIR No. 69 of

2021, dated 23.04.2021, registered in Police Station Haroli, District Una, HP, under Sections 420, 467, 468 and 471 of the Indian Penal Code (in short

‘IPC’).

Status report(s) stand filed on the previous dates of hearing. Today the Investigating Officer, ASI Ravinder Kumar, Police Station Haroli, Distt.

Una, is present alongwith records. It is submitted that petitioner has joined investigation and has been interrogated and during investigation instruments

used by the petitioner for fabricating and manufacturing the forged passenger tax receipt(s) have been taken in possession and sent to the State

Forensic Science Laboratory (in short ‘SFSL’) for scientific analysis. The Officer present in Court submits that the investigation is almost

complete except the report from SFSL, and that specimen of admitted handwriting and signatures of the petitioner with the questioned documents has

also been sent for SFSL, report whereof is also awaited. It is further submittred by the Officer present in Court that challan is likely to be presented in

the Court during the next two weeks.

Considering principles and factors relevant to be considered at the time of deciding bail application with reference to aforesaid facts and

circumstances placed before me, and submissions made by learned counsel for the petitioner as well as learned Additional Advocate General, I find

that at this stage, petitioner is entitled for bail.

Accordingly, present petition is allowed and petitioner is directed to be enlarged on bail and interim bail granted on 15.6.2021 is confirmed, but,

subject to furnishing fresh personal bond in the sum of `50,000/- with one surety in the like amount, to the satisfaction of the Addl. Chief Judicial

Magistrate, Una/concerned Court, within one week from today, upon such further conditions as may be deemed fit and proper by the trial Court,

including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial and also subject to 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 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 the petitioner 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;

(vii) that in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by

prosecution;

(viii) that the petitioner shall not leave the territory of India without prior permission; and

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if

any, in future.

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 and thereupon, it will also be open to the trial Court to impose any other or

further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition 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.

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.

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 is disposed of in aforesaid terms.

Petitioner is permitted to produce a copy of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the

authorities concerned, and the said authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High

Court.

Dasti copy on usual terms.