Sh. Jagdish Kumar vs State Of Himachal Pradesh
2021 Latest Caselaw 3512 HP

                                                  1


        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                           Cr. MP(M) No. 1304 of 2021

                              Date of Decision: 04.08.2021




                                                                                   .
______________________________________________________________________





Sh. Jagdish Kumar                               ....Petitioner.
                                  Vs.

State of Himachal Pradesh                                            .....Respondent.





Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge





Whether approved for reporting?1                       No.

For the petitioner:                        Mr. Vivek Chandel, Advocate.

For the respondent:                        M/s Sumesh Raj, Adarsh Sharma &
                             r             Sanjeev     Sood,   Additional   Advocate

                                           Generals, with M/s J.S. Guleria & Kamal
                                           Kant     Chandel,      Deputy    Advocate
                                           Generals.
                                           Petitioner is present in person.
                                           (Through Video Conference)



Ajay Mohan Goel, Judge (Oral):

I have heard learned counsel for the parties and also

gone through the status report.

2. It is not in dispute that after the grant of bail, the

petitioner has duly participated in the course of investigation and has not

created any hindrance in the same. It is further not the allegation of the

prosecution that in the interregnum, post grant of anticipatory bail, the

petitioner has either tried to influence any witness or has created any

other impediment in the course of investigation.

Whether the reporters of the local papers may be allowed to see the Judgment?

3. In view of the above, this petition is allowed and order

dated 13.07.2021, passed in FIR No. 14 of 2021, registered under

Sections 323, 354, 504, 379 read with Section 34 of the Indian Penal

.

Code at Women Police Station, Hamirpur, District Hamirpur, H.P. is

made absolute, subject to the following conditions:

"i) Petitioner shall furnish personal bond in the sum of Rs. 10,000/­ with one surety in the like amount to the satisfaction of learned

Trial Court within a period of two weeks from today.

(ii) 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;

                  iii)          He     shall     not     tamper      with     the




                  prosecution        evidence       nor        hamper         the
                  investigation   of       the   case     in   any      manner





                  whatsoever.
                  iv)           He shall not 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 Court or the Police Officer; and

v) He shall not leave the territory of India without prior permission of the Court."

4. It is clarified that findings which have been returned by

this Court while deciding this petition are only for the purpose of

adjudication of the present bail application and learned trial Court shall

not be influenced by any of the findings so returned by this Court in the

adjudication of this petition during the trial of the case. It is further

.

clarified that in case the petitioner does not comply with the conditions

which have been imposed upon him while granting the present bail, the

State shall be at liberty to approach this Court for the cancellation of the

bail. The petition stands disposed of in the above terms.

Copy dasti.

August 04, 2021
     (bhupender)
                      r           to              (Ajay Mohan Goel)
                                                      Judge