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2013 DIGILAW 531 (HP)

AMAR NATH v. STATE OF H. P.

2013-06-13

DHARAM CHAND CHAUDHARY

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JUDGMENT DHARAM CHAND CHAUDHARY, J. 1. POLICE report has been filed and the Investigating Officer ASI Roop Singh, Police Station, Udaipur, District Lahaul & Spiti has also produced the record. 2. HEARD. The petitioner is apprehending his arrest in a case registered against him vide FIR No.7/13, under Sections 420, 467, 468, 471 & 171 G, IPC and 125 A of Representation of People Act, 1951 in Police Station, Udaipur. Allegations against him in a nut shell are that he on the basis of the forged and fictitious record managed his entry in the list of people belonging to BPL families of Gram Panchayat, Tingrate and also contested the election of Member, Zila Parishad in Lahaul and Spiti in the year 2011 by sworn in a false affidavit showing his return of income tax as nil therein. In the interim, he has been ordered to be released in the event of his arrest in connection with the case so registered against him vide order passed in this petition on 24.5.2013. 3. THE perusal of the record available at this stage demonstrates that the evidence mostly documentary in nature stands collected by the Investigating Officer and taken on record. No doubt, the evidence so collected prima facie disclosed the commission of the alleged offence by the accused-petitioner, however, at this stage when he is yet to be tried by a competent court having jurisdiction over the matter, this Court refrain itself from making any observations on merits of the case. Suffice would it to say that the accused- petitioner has been joining the interrogation as and when called upon to do so. Not only this, but the investigation also seems to be almost all complete except for interrogation of the persons, who were present in the General House of the Gram Sabha and also the Members, Gram Panchayat, on the day when he was selected to be included in the list of BPL families by General House of Gram Panchayat, Tingrate. The petitioner even was arrested also and released on bail pursuant to the directions issued by this Court on the previous date. 4. IT is also worthwhile to mention here that the petitioner is local resident of village Udogos, P.O. Karpat, Tehsil Udaipur, District Lahaul & Spiti. He is also Member of Zila Parishad. The petitioner even was arrested also and released on bail pursuant to the directions issued by this Court on the previous date. 4. IT is also worthwhile to mention here that the petitioner is local resident of village Udogos, P.O. Karpat, Tehsil Udaipur, District Lahaul & Spiti. He is also Member of Zila Parishad. It can, therefore, reasonably be believed that he has roots in the society and there is no likelihood of his fleeing away from justice and jumping over the bail in case ordered to be admitted on bail. The application, therefore, is allowed. It is ordered that in the event of arrest of the accused-petitioner in the case registered against him vide FIR No.7/13, under Sections 420, 467, 468, 471 & 171 G, IPC and 125 A of Representation of People Act, 1951 in Police Station, Udaipur, he shall be released on bail, subject to his furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the arresting police officer. He, however, is directed to join the investigation as and when required by the Investigating Officer. He shall also not tamper with the prosecution evidence and hamper the investigation of the case in any manner whatsoever. He is further directed not to leave the territory of India without prior permission of the Court. The application stands disposed of.