Ajay Sharma vs State Of Himachal Pradesh
2021 Latest Caselaw 323 HP

                                                                            .
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA





                                              Cr.MP(M) No.30 of 2020
                                              Decided on: 06.01.2021





    Ajay Sharma                                                         ....Petitioner.
                       Versus
    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. V. S. Chauhan, Senior Advocate, with
                       r    Mr. Ajay Singh Kashyap, Advocate.

    For the respondent :             Mr. Sumesh Raj, Mr. Dinesh Thakur,
                                     Mr. Sanjeev Sood, Additional Advocates
                                     Generals, with Ms. Divya Sood,
                                     Deputy Advocate General.



                                     (Through Video Conferencing)




    Ajay Mohan Goel, Judge (Oral)

Heard.

2. Learned Additional Advocate General has filed fresh status

report which is perused and taken on record. On instructions, he submits

that petitioner is duly joining and cooperating in the investigation and

his custody is not required for the purpose of investigation.

Whether 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 04.01.2020, passed in F.I.R. No.03 of 2020, dated 01.01.2020,

registered under Sections 452, 323, 506, 380 read with Section 34 of the

Indian Penal Code, at Police Station Theog, District Shimla, 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 complies 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.

                    r            to                (Ajay Mohan Goel)
                                                        Judge

    January 06, 2021
        (Rishi)