Naginder Gupta vs State Of H.P
2021 Latest Caselaw 515 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                       Cr.M.P. (M) No. 15 of 2021
                                                    Date of decision: 8.1.2021




                                                                                   .

    Naginder Gupta.                                                   ...Petitioner.
                                               Versus
    State of H.P.                                                   ...Respondent.





    Coram
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1




    For the Petitioner:                   Mr.Kulbhushan    Khajuria,                        Advocate,
                               r          through Video Conferencing.

    For the Respondent:                   Mr.Raju Ram Rahi, Deputy Advocate

                                          General, through Video Conferencing.

                       Vivek Singh Thakur, Judge (oral)

Status report stands filed, wherein it is stated that

petitioner is joining the investigation and at this stage, nothing is to be

inquired from him, however, it is submitted that investigation is at initial

stage. There is no prayer for custodial interrogation.

2. Considering the entire facts and circumstances placed on

record in the status report and submissions made therein, interim bail

granted to the petitioner vide order dated 4.1.2021, in case FIR No.

371 of 2020, dated 16.12.2020 registered in Police Station Sadar

Chamba, District Chamba, under Sections 420, 406 and 409 IPC is

confirmed subject to furnishing personal bond in the sum of `50,000/-

with one surety in the like amount to the satisfaction of trial Court within

two weeks, upon such further conditions as may be deemed fit and

proper by the trial Court, including the conditions enumerated

hereinafter, so as to ensure the presence of the petitioner at the time of

trial:-

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

(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 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/her 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 investigation/trial;

(iv)

(v)

that he shall not commit the offence similar to the offence to which he is accused or suspected;

that he shall not misuse his liberty in any manner;

                (vi)     that he shall not jump over the bail;

                (vii)    that he shall keep on informing about the change in address,

landline number and/or mobile number, if any, for his availability to Police and/or during trial;

(viii) he shall not leave India without permission of the Court.

3. 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 and thereupon, it will also be open to the trial

Court to impose any other or further condition on the petitioner as it

may deem necessary in the interest of justice.

4. In case the petitioner violates any conditions 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.

5. Learned trial Court is directed to comply with the directions

issued by the High Court, vide communication No.HHC.VIG./Misc.

Instructions/93-IV.7139 dated 18.03.2013.

6. Observations made in this petition hereinbefore shall not

affect the merits of the case in any manner and are strictly confined for

the disposal of the bail application.

.

7. The petitioner is permitted to produce copy of order

downloaded from the High Court website and the trial Court shall not

insist for certified copy of the order, however, he may verify the order

from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.

                            r                        (Vivek Singh Thakur),
    8th January, 2021                                        Judge.

          (Keshav)