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2018 DIGILAW 1644 (HP)

Lal Singh v. State Of H. P.

2018-09-12

VIVEK SINGH THAKUR

body2018
JUDGMENT Vivek Singh Thakur, J. - Petitioner has preferred present petition under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ''CrPC'') for grant of anticipatory bail in case FIR No. 51 of 2018, dated 27th August, 2018, registered under Section 379 of the Indian Penal Code (hereinafter referred to as ''IPC'') read with Sections 26 and 33 of the Indian Forest Act (hereinafter referred to as ''IF Act'') at Police Station Shillai, District Sirmaur, Himachal Pradesh. 2. Status report stands filed. 3. Mr. Shiv Pal Manhans, learned Additional Advocate General, under instructions of ASI Maan Dass, submits that petitioner has joined the investigation and has cooperated with the Investigating Agency. Further submitted that now, nothing is to be recovered from the petitioner. The Investigating Officer, present in the Court, has categorically stated that the custodial interrogation of the petitioner is not required, however, he may have to be interrogated during further investigation. 4. Petitioner is local resident of the area and there is nothing available on record so as to infer that the petitioner has ever involved in the commission of the same or any other offence in the past. There are no chances of fleeing of the petitioner. Also, in view of the status report and the statement of the Investigating officer, the petitioner can be associated/interrogated in future without keeping him in custody. Therefore, curtailing his personal liberty, at this stage, by sending him to judicial custody will serve no fruitful purpose. 5. Without commenting upon the merits of the allegations and the evidence available on the record, in view of the aforesaid facts and circumstances, interim bail granted in favour of the petitioner vide order, dated 4th September, 2018 is confirmed and he is ordered to be enlarged on bail in case FIR No. 51 of 2018, dated 27th August, 2018, registered under Section 379 IPC read with Sections 26 and 33 of IF Act at Police Station Shillai, District Sirmaur, Himachal Pradesh, subject to his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount, to the satisfaction of Arresting Officer, if not already furnished. 6. 25,000/- with one surety in the like amount, to the satisfaction of Arresting Officer, if not already furnished. 6. Petitioner shall further abide by the following conditions: (i) That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) That he shall not obstruct the smooth progress of the investigation/trial; (iv) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (v) That the petitioner shall not misuse his liberty in any manner; (vi) That the petitioner shall not jump over the bail. 7. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. 8. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 9. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and will strictly confine for the disposal of this bail application filed under Section 438 CrPC. 10. Petition stands disposed of in aforesaid terms. Copy dasti.