Sh. Ghindro Ram vs State of Himachal Pradesh

Sanjay Karol, J.—ASI-Subhash Katoch, I/O, Police Station Kihar, District Chamba, H.P. is present alongwith record. Record perused and returned. Status report filed and taken on record.

F.I.R. No. 22/2014 was registered at Police Station, Kihar, Distt. Chamba, H.P. on 22.2.2014, under the provisions of Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code. Apprehending arrest, petitioner approached this Court, seeking bail under the provisions of Section 438 of the Code of Criminal Procedure. On 26.4.2014 this Court passed an interim order, directing that in the event of arrest, petitioner shall be enlarged on bail, subject to his complying with the conditions imposed therein. The said interim order is in operation till date.

Under instructions, received from ASI-Subhash Katoch, who is present in Court, it is submitted by Mr. R.S. Verma, learned Addl. Advocate General that petitioner has fully cooperated during investigation. Investigation is complete and no recovery is to be effected from the petitioner.

Having perused the record as also heard the learned counsel for the parties, I am of the considered view that prima facie petitioner has made out a case for grant of bail. His custodial interrogation is not required at all.

This Court has taken into account the nature of accusation, the severity of punishment in case of conviction and the material so far collected by the prosecution during investigation. I am of the considered view that there is no apprehension made out by the State that in the event of the petitioner being enlarged on bail, he would tamper with the witnesses or extend any threats to the complainant. There is no probability of the petitioner abusing his liberty nor would he interfere or in any manner impede with the course of justice. Petitioner is also not likely to flee from justice. He, through his learned counsel, undertakes to make himself available during the course of investigation, if required, as also during trial, if any.

Having taken into consideration the overall attending circumstances, the petitioner has been able to show that there is reason to believe that the threat of arrest is imminent.

For all the aforesaid reasons, the interim order dated 26.4.2014 is made absolute. The petitioner shall be on bail till such time challan is presented in the Court for trial where after he shall approach the Court for regular bail, in accordance with law. Needless to add, during this period petitioner shall fully comply with all the statutory conditions laid down under the provisions of Section 438 of the Cr. P.C. As a matter of abundant caution, it is clarified that petitioner shall neither tamper with the evidence nor try to influence the witnesses. He shall make himself available for investigation as and when required by the investigating officer. He shall not leave the country without the prior permission of the Court.

Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.

With the aforesaid observations, present petition stands disposed of.

Copy dasti.