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2017 DIGILAW 720 (HP)

Karan Rana v. State of Himachal Pradesh

2017-06-27

SANDEEP SHARMA

body2017
JUDGMENT : Sandeep Sharma, J. By way of instant bail application filed under Section 438 CrPC, prayer has been made for grant of pre-arrest bail in FIR No. 119/17 dated 19.5.2017, under Sections 341, 323, 356, 504, 506, 326 read with Section 34 IPC, at Police Station, Sadar, District Hamirpur, Himachal Pradesh. 2. Sequel to order dated 13.6.2017, whereby interim bail was granted to the petitioner, ASI Subhash Chand has come present with the record. Mr. M.L. Chauhan, learned Additional Advocate General has also placed on record status report. Mr. M.L. Chauhan, Additional Advocate General, while inviting attention of this Court to the status report, stated that investigation in the instant case is almost complete but recovery of weapon as well as property allegedly stolen by the co-accused namely Jameel Khan, is yet to be made. Perusal of report clearly suggests that the bail petitioner namely Karan Rana, has been associating himself with the investigation of the case, as and when directed by the Police. 3. Since, nothing is required to be recovered from the petitioner and he is joining the investigation as and when called by the police, this Court is of the view that no fruitful purpose would be served if petitioner is kept in custody, till filing of Challan, as has been prayed for by Mr. M.L. Chauhan, learned Additional Advocate General. 4. In view of above, the petition is allowed and the petitioner is ordered to be enlarged on bail in aforesaid FIR, subject to furnishing personal bonds in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of concerned Chief Judicial Magistrate, with following conditions: (a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; (c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and (d) He shall not leave the territory of India without the prior permission of the Court. 5. 5. It is clarified that if the petitioner misuses the liberty or violate any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. 6. 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 application alone. The petition stands accordingly disposed of.