Sushil Verma vs State Of H.P

Anoop Chitkara, J

The petitioner, apprehending imminent arrest on being arraigned as an accused, has come up under section 438 CrPC, seeking anticipatory bail.

Based on the complaint of Smt. Shakuntla Devi, the police registered FIR No. 46 of 2020, dated 13.7.2020, registered under Sections 409 and 420

IPC, in Police Station Kunihar, District Solan, Himachal Pradesh, disclosing cognizable and non-bailable offences.

The petitioner's criminal history relating to the offences prescribing sentence of greater than seven years of imprisonment or when on conviction,

the sentence imposed was more than three years: The contents of the petition and the status report do not reveal any criminal history.

The allegations relate to embezzlement of some amount leading to registration of FIR.

Mr. Anil Kumar, Advocate, learned counsel stated that the petitioner has already paid back the alleged amount of Rupees Two Lacs. He further

states that now nothing is left to be recovered from him.

Mr. Nand Lal Thakur, learned Additional Advocate General does not dispute this contention. The contention on behalf of the State is that if this

Court grants bail, such order must be subject to conditions, especially of not repeating the criminal activities.

An analysis of the evidence does not justify further incarceration of the accused, nor is it going to achieve any significant purpose, making out a

case for bail.

The possibility of the accused influencing the course of the investigation, tampering with evidence, intimidating witnesses, and the likelihood of

fleeing justice, can be taken care of by imposing mild conditions. In Sushila Aggarwal, (2020) 5 SCC 1, Para 92, the Constitutional bench held that

unusually, subject to the evidence produced, the Courts can impose restrictive conditions.

Given the above reasoning, the Court is granting bail to the petitioner, subject to the imposition of following conditions, which shall be over and

above, and irrespective of the contents of the form of bail bonds in chapter XXXIII of CrPC. Consequently, the present petition is allowed, and in the

event of arrest the petitioner shall be released on bail in the FIR mentioned above, on his furnishing a personal bond of INR 5,000/, (INR five thousand

only), with one surety for INR 5,000 (INR Five thousand only), to the satisfaction of the Investigator/SHO of the concerned Police Station. The

furnishing of bail bonds shall be deemed acceptance of all stipulations, terms, and conditions of this bail order:

a) The Attesting officer shall mention on the reverse page of personal bonds, the permanent address of the petitioner along with the phone number(s),

WhatsApp number (if any), email (if any), and details of personal bank account(s) (if available).

b) The petitioner shall join investigation as and when called by the Investigating officer or any superior officer. Whenever the investigation takes place

within the boundaries of the Police Station or the Police Post, then the petitioner shall not be called before 8 AM and shall be let off before 5 PM. The

petitioner shall not be subjected to third-degree methods, indecent language, inhuman treatment, etc.

c) The petitioner shall join and cooperate in the investigation, and failure to do so shall entitle the prosecution to seek cancellation of the anticipatory

bail granted by the present order. (Kala Ram v. State of Punjab, 2018 (11) SCC 350).

d) The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police

officials, or any other person acquainted with the facts of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to

tamper with the evidence.

e) Once the trial begins, the petitioner shall not, in any manner, try to delay the trial. The petitioner undertakes to appear before the concerned Court,

on the issuance of summons/warrants by such Court. The petitioner shall attend the trial on each date, unless exempted.

f) There shall be a presumption of proper service to the petitioner about the date of hearing in the concerned Court, even if it takes place through

SMS/ WhatsApp message/ E-Mail/ or any other similar medium, by the Court.

g) In the first instance, the Court shall issue summons and may inform the Petitioner about such summons through SMS/ WhatsApp message/ E-Mail.

h) In case the petitioner fails to appear before the Court on the specified date, then the concerned Court may issue bailable warrants, and to enable

the accused to know the date, the Court may, if it so desires, also inform the petitioner about such Bailable warrants through SMS/ WhatsApp

message/ E-Mail.

i) Finally, if the petitioner still fails to put in an appearance, then the concerned Court may issue Non-Bailable warrants to procure the petitioner's

presence and send the petitioner to the Judicial custody for a period for which the concerned Court may deem fit and proper.

j) The petitioner shall intimate about the change of residential address and change of phone numbers, WhatsApp number, e-mail accounts, within thirty

days from such modification, to the police station of this FIR, and the concerned Court, if such stage arises.

k) During the trial's pendency, if the petitioner repeats the offence or commits any offence where the sentence prescribed is more than seven years,

then the State may move an appropriate application for cancellation of this bail.

l) In case of violation of any of the conditions as stipulated in this order, the State/Public Prosecutor may apply for cancellation of bail of the petitioner.

Otherwise, the bail bonds shall continue to remain in force throughout the trial following the mandate of the Constitutional Bench in Sushila Aggarwal,

(2020) 5 SCC 1, Para 92, wherein the Constitutional bench held that anticipatory bail can continue until the end of the trial; however, the Courts can

limit the bail period's tenure if unique or peculiar features require.

The learned Counsel representing the accused and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all

conditions of this bail order to the petitioner, in vernacular and if not feasible, in Hindi or English.

In case the petitioner finds the bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for

modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even before the Court taking

cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condition.

This order does not, in any manner, limit or restrict the rights of the Police or the investigating agency, from further investigation in accordance

with law.

The present bail order is only for the FIR mentioned above. It shall not be a blanket order of bail in any other case(s) registered against the

petitioner.

Any observation made hereinabove is neither an expression of opinion on the merits of the case, nor shall the trial Court advert to these comments.

In return for the protection from incarceration, the Court believes that the accused shall also reciprocate through desirable behavior.

The petition stands allowed in the terms mentioned above.