Sukhdev Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Instant petition has been moved for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure in FIR No.11/2022 dated

11.01.2022 registered under Sections 380, 457, 201, 411 & 34 of the Indian Penal Code, at Police Post Yol, Police Station Dharamshala, District

Kangra, Himachal Pradesh.

Interim protection was granted to the petitioner vide order dated 24.01.2022, subject to the terms and conditions stipulated therein.

Heard learned counsel for the parties and perused the status report.

As per the status report, the petitioner has joined the investigation and is cooperating with the investigating agency. Investigation in the matter is

complete. Petitioner was issued notice under Section 41 (1)(A) of the Code of Criminal Procedure.

Learned Additional Advocate General, fairly submitted that the petitioner has joined the investigation pursuant to the interim protection granted to

him and is cooperating with the investigating agency and that his custodial interrogation is not required at present. He, however, submitted that

stringent conditions be imposed upon the petitioner for directing him to continue to cooperate and join the investigation as and when directed by the

investigating agency.

According to the status report, petitioner has joined the investigation and is cooperating with the same. Petitioner is a permanent resident of Village

& P.O. Andora Lower, Tehsil Amb, District Una, H.P., therefore, his presence can be secured in the trial. Investigating agency does not require

custodial interrogation of the petitioner at present. Considering all the above aspects, no fruitful purpose would be served by sending the petitioner to

judicial custody, hence, the present petition is allowed and the interim order passed on 24.01.2022 is confirmed, 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.

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioners 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). 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 their Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Numbers, if any;

(vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his bail is liable to be cancelled. It is

open for the Investigating Agency to move appropriate application in that regard.

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 main matter without being influenced by the above observations.

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

Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the concerned authorities

who shall not insist for certified copy of the same, however, it may verify the order from the High Court website or otherwise.