Yashpal Chandel, & Ors. vs State of H.P.

ASI Sunil Kumar, Police Station Theog, is present along with record. Record perused and returned. Status report is taken on record.

By way of instant petitions, the petitioners have sought anticipatory bail in connection with FIR No. 77 of 2017, dated 2.5.2017, under Sections 323, 324,341, 506 read with Section 34 of IPC, registered at Police station Theog, District Shimla, Himachal Pradesh.

On 5.5.2017, this Court had passed an interim order, whereby directed that in the event of arrest, petitioners shall be enlarged on bail, subject to their complying with the conditions imposed therein. The said interim order is in operation till date.

Learned Additional Advocate General, fairly stated that the investigation in the case is almost complete and nothing is required to be recovered from the petitioners-accused. Mr. Chauhan, further stated that the petitioners-accused have joined the investigation.

Having heard learned counsel for the parties as also perused the record, I am of the considered view that petitioners have made out a case for confirmation of interim order dated 5.5.2017. It is not the case of the police that petitioners have not cooperated during investigation. There is no likelihood of their fleeing away from the jurisdiction of the Court in the event of trial being initiated against them.

Keeping in view the entire attending circumstances and taking a holistic view of the matter, petitioners have made out a case in their favour. Their custodial interrogations are not required at all.

The 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 petitioners being enlarged on bail, they would tamper with the witnesses or extend any threats to the complainant. There is no probability of the petitioners abusing their liberty nor would they interfere or in any manner impede with the course of justice. Petitioners are also not likely to flee from justice. They, through his/their learned counsel, undertake to make themselves available during the course of investigation, if required, as also during trial, if any.

For all the aforesaid reasons, interim order, dated 5.5.2017 is made absolute, subject to the conditions laid down therein. The petitioners shall be on bail till such time challan is presented in the Court for trial, where after they shall approach the Court for regular bail, in accordance with law. Needless to add, during this period petitioners 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 petitioners shall neither tamper with the evidence nor try to influence the witnesses. They shall make themselves available for investigation as and when required by the Investigating Officer. They shall not leave the country without prior permission of the Court.

Any observation made herein above 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(s) stand disposed of.

Copy dasti.