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2018 DIGILAW 1864 (HP)

Gajendra Singh v. State of Himachal Pradesh

2018-10-26

SURESHWAR THAKUR

body2018
JUDGMENT : SURESHWAR THAKUR, J. 1. The instant petition, stands instituted by the bail applicant, under, Section 438 Cr.P.C. wherein he seeks grant of anticipatory bail qua them, given his apprehending their arrest, for allegedly committing offences punishable, under Section 407 of I.P.C. in Case FIR No. 136/18 of 6.10.2018, registered at Police Station, Rohru, District Shimla, H.P. 2. The Investigating Officer ASI Shanti Swaroop, P.S. Rohru, District Shimla, is present in Court, and, has apprised this Court that the bail applicant has rendered full and efficacious cooperation, in, the investigation carried out by him, into, the offences allegedly committed by the bail applicant. He further apprised this Court that the up-till now, no disclosure vis-a-vis the incriminatory role of the bail applicant, has prima-facie emerged. The Investigating Officer further submits that he has arrested the prime accused one Nand Kishore, driver of the vehicle. In view of the aforesaid disclosures made by the Investigating Officer, thereupon when no material has been adduced, that in the event of bail, being granted, to the petitioner/bail applicant, there being every likelihood of the petitioner/bail applicant, fleeing from justice or tampering with prosecution evidence, hence it is ordered that in the event of arrest of the bail applicant in connection with case FIR No. 136 of 2018, he shall be released on bail subject, to, the following conditions: (1) That he shall furnish personal and surety bonds in the sum of Rs. 25,000/- to the satisfaction of the Arresting Officer. (2) That he shall join the investigation, as and when required by the Investigating agency. (3) That he 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 the Court or to the Police. (4) That he shall not leave India without the previous permission of the Court. (5) That he shall deposit his passports, if any, with the Police Station, concerned. (6) That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody. (7) That he shall apply for bail afresh when the challan is filed before the trial Court. 3. In view of above, petition stands disposed of. (6) That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody. (7) That he shall apply for bail afresh when the challan is filed before the trial Court. 3. In view of above, petition stands disposed of. Any observation made herein above shall not be 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.