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2018 DIGILAW 325 (HP)

Rajinder Kumar v. State Of Himachal Pradesh

2018-03-13

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J —The present bail application, under Section 438 of the Code of Criminal Procedure, is maintained by the petitioner for grant of anticipatory bail, in case F.I.R. No. 113 of 2017, dated 07.07.2017, under Sections 420, 467, 468 and 471 of the Indian Penal Code, registered at Police Station Rampur Bushahr, District Shimla, H.P. 2. As per the petitioner, he is innocent and has been falsely implicated in this case. Further he is joining and cooperating with the investigation and not in a position to flee from justice. 3. Police report stands filed. The case of the prosecution is that the petitioner has proceeded on leave w.e.f. 16.01.2017 to 01.02.2017 on medical grounds and on 02.02.2017, when he joined his duty, he presented medical fitness certificate, on which his name was written as Rajender Mehta instead of Rajender Kumar. A cutting was also found made on his surname. Thereafter, the case was sent to the Medical Superintendent MGMSC Rampur for verification and it was found that the signatures in medical fitness certificate of the petitioner does not belong to the said Doctor and on producing fake medical fitness certificate, F.I.R. No. 113 of 2017, dated 07.07.2017, under Sections 420, 467, 468 and 471 of the Indian Penal Code, was registered against the petitioner. 4. Heard. At this moment, taking into consideration the fact that the petitioner is joining and cooperating in the investigation, further he is a Government servant and not in a position to flee from justice, neither in a position to tamper with the prosecution evidence. Therefore, the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. So, it is ordered that in the event of his arrest in this case, the petitioner be released on bail, on his furnishing personal bond to the tune of Rs. 50, 000/- (Rupees fifty thousand) , with one surety in the like amount to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: i. That the petitioner(s) will join investigation of case as and when called for by the Investigating Officer in accordance with law. ii. That the petitioner(s) will not leave India without prior permission of the Court. iii. The bail is granted subject to the following conditions: i. That the petitioner(s) will join investigation of case as and when called for by the Investigating Officer in accordance with law. ii. That the petitioner(s) will not leave India without prior permission of the Court. iii. That the petitioner(s) will 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/her from disclosing such facts to the Investigating Officer or Court. 5. Accordingly, the petition is disposed of. Copy dasti.