Tushar Walia vs State Of Himachal Pradesh
2021 Latest Caselaw 609 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                      CRMP(M) No.: 44 of 2021




                                                                           .
                                                      Decided on: 15.01.2020





     Tushar Walia                                                      ....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. Goldy Kumar, Advocate.

     For the respondent
                          r           :       Mr. Ashok Sharma, Advocate

                                              General with M/s Ranjan Sharma,
                                              Adarsh Sharma, Vinod Thakur and
                                              Sanjeev Sood, Additional Advocates
                                              General     and Mr. Kunal Thakur,
                                              Deputy Advocate General, for


                                              respondents No. 1.

                                              (Through Video Conference)




     Ajay Mohan Goel, Judge (Oral)

Status report has been filed, which is perused

and taken on record.

2. Heard.

3. On instructions, learned Additional Advocate

General submits that petitioner has joined the

investigation as and when directed by the Investigating

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

Officer. Further, as of now, no recovery etc is to be

effected at his instance. However, as per him, grant of

.

anticipatory bail is not warranted in the facts of the case.

4. I have heard learned Counsel for the parties

and also gone through the status report.

5. 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 the

investigation.

6. Therefore, keeping into consideration the fact

that the investigation is now complete, this petition is

allowed and order dated 08.01.2021 is made absolute,

subject to the following conditions:­

i) Petitioner shall furnish personal bond in the sum of `50,000/­ with one surety in the like amount to the

satisfaction of the 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.

7. 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, in any manner, 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.

8. Petitioner is directed to file a hard copy of the

petition with the Registry of this Court within a period of

two weeks, if not already filed.

Copy dasti.

(Ajay Mohan Goel) Judge January,15, 2021 (subhash/Parihar)