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 bail in case FIR No. 300 of 2018, dated 30th September, 2018, registered under Section 420 of the Indian Penal Code (hereinafter referred to as ''IPC''), at Police Station Sadar, District Mandi, Himachal Pradesh. 2. As per status report, petitioner had purchased certain goods from the complainant, but at that time, he was not having cash with him, therefore, he had issued a cheque as a guarantee for making cash payment through the truck driver, in whose vehicle the goods were being transported to the place of petitioner. However, he did not pay any cash through truck driver and thus, has committed an offence under Section 420 of IPC, resulting into lodging of present F.I.R. against the petitioner/accused. 3. After lodging the F.I.R., police had searched the place of petitioner and had recovered all goods except 24 boxes of tiles and handed over the same to the complainant. 4. As per counsel for the petitioner, entire goods were recovered and taken in possession of the police and were handed over to the complainant and further that, even if it is considered that 24 boxes of tiles are yet to be recovered from the petitioner, the petitioner is ready to pay the cost of goods as he is not in possession of those boxes. 5. Enlargement of bail of the petitioner is being opposed for recovery of 24 boxes. It is also reported that three other cases registered against the petitioner, are pending consideration in various Courts arising out of F.I.R. No.93 of 2008 in Police Station SV&ACB, Hamirpur, F.I.R. No.249 of 2013 in Police Station Ghumarwin, District Bilaspur and F.I.R. No.113 of 2013 in Police Station Bharari, District Bilaspur and petitioner has also been convicted under Sections 147, 148, 149 and 307 of IPC in F.I.R. No.30 of 2006 in Police Station Bhoranj, District Hamirpur. So far as conviction is concerned, that was in case related to different nature, whereas other cases pertain to the years 2008 and 2013.
So far as conviction is concerned, that was in case related to different nature, whereas other cases pertain to the years 2008 and 2013. Further, keeping in view the facts and circumstances of present case and that almost the entire goods, alleged to have been purchased by the petitioner, stand recovered and the petitioner is joining investigation, he is released on bail, if not required in any other case, subject to his furnishing personal bond in the sum of 30,000/- with one surety in the like amount, to the satisfaction of the Investigating Officer. 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 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. 10. Petition stands disposed of in aforesaid terms. Copy dasti.