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2014 DIGILAW 102 (HP)

Narayan Singh v. State of Himachal Pradesh

2014-01-29

DHARAM CHAND CHAUDHARY

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Judgment Dharam Chand Chaudhary, J. 1. The accused-petitioner is apprehending his arrest in connection with a case registered by the police of Police Station, Bhuntar, District Kullu, under Sections 420, 467, 468, 471, 120B of the Indian Penal Code, vide FIR No.17 of 2014. 2. The status report placed on record reveals that the investigation is in progress, as the report with respect to the sports certificate allegedly forged and fictitious produced by the petitioner at the time of sought from District Sports Office, Kullu is still awaited. The admitted signatures and handwritings of the accused-petitioner are also left to be obtained. 3. The record produced by the Investigating Officer reveals that the only allegation against the accused-petitioner is that he has produced a fictitious certificate qua his participation in the event of ‘Kho-Kho’ in the tournament having taken place from 25.9.1997 to 29.9.1997 and ensured his selection as Primary Assistant Teacher from amongst the category of sportsman. The accused-petitioner is local resident of District Kullu, hence, can reasonably be believed to have roots in the society. Therefore, there is no likelihood of his fleeing away from justice or jumping over the bail. There is no criminal history into his credit. I, therefore, allow this petition and order that in the event of the arrest of accused-petitioner in connection with the aforesaid case registered against him, vide FIR No.17 of 2014, in Police Station, Bhuntar, District Kullu, he shall be released on bail subject to his furnishing personal bond in the sum of `25,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/arresting Police Officer. He shall further abide by the following conditions that he shall: (a) Make himself available for the purpose of interrogation as and when required and shall cooperate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end. (b) Not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (c) Not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or the Police Officer. (d) Not leave the territory of India without the prior permission of the Court. 4. (c) Not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or the Police Officer. (d) Not leave the territory of India without the prior permission of the Court. 4. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him; the investigating agency shall be free to move this Court for cancellation of the bail. 5. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. 6. The petition stands disposed of. Copy Dasti.