JUDGMENT Sanjay Karol, J (oral) Sub Inspector, Shri Pragroop Singh, I.O., Police Station, Bharmour, District Chamba is present alongwith record. Record perused and returned. Status report is already on record. 2. F.I.R. No. 29/12 under Sections 420, 467, 468, 471, 406, 120-B of the Indian Penal Code was registered at Police Station, Bharmour, District Chamba, H.P., on 2.6.2012. Apprehending arrest, petitioner approached this Court seeking bail under the provisions of Section 438 of the Code of Criminal Procedure. On 11.12.2013, this Court passed an interim order directing that in the event of arrest, petitioner shall be enlarged on bail, subject to his complying with the operation till date. 3. Learned Additional Advocate General, under instructions from the Investigating Officer, states that the petitioner has fully cooperated during investigation. The investigation is in progress. 4. Having heard learned counsel for the parties as also perused the record, I am of the considered view that petitioner has made out a case for confirmation of interim order dated 11.12.2013. It is not the case of the police that petitioner has not cooperated during investigation. Petitioner is a government servant and permanent resident of District Chamba, where he has landed property and there is no likelihood of his fleeing away from the jurisdiction of the Court in the event of trial being initiated against him. There is nothing on record to highlight the past criminal conduct of the petitioner. 5. Keeping in view the entire attending circumstances and taking a holistic view of the matter, petitioner has made out a case in his favour. His custodial interrogation is not required at all. 6. This 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 petitioner being enlarged on bail, he would tamper with the no probability of the petitioner abusing his liberty nor would he interfere or in any manner impede with the course of justice. Petitioner is also not likely to flee from justice. He, through his learned counsel, undertakes to make himself available during the course of investigation, if required, as also during trial, if any. 7.
Petitioner is also not likely to flee from justice. He, through his learned counsel, undertakes to make himself available during the course of investigation, if required, as also during trial, if any. 7. Having taken into consideration the overall attending circumstances, the petitioner has been able to show that there is reason to believe that the threat of arrest is imminent. 8. For all the aforesaid reasons, interim order dated 11.12.2013 is made absolute, subject to the conditions laid down therein. Needless to add, petitioner is permanent resident of State of H.P. and is not likely to flee from the territorial jurisdiction of the State. The petitioner shall be on bail till such time Challan is presented in the Court for trial where after he shall approach the Court for regular bail, in accordance with law. Needless to add, during this period petitioner 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 petitioner shall neither tamper with the evidence nor try to influence the witnesses. He shall make himself available for investigation as and when required by the Investigating Officer. He shall not leave the country without prior permission of the Court 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 stands disposed of. Copy Dasti.