______________________________________________________________ vs State Of Himachal Pradesh
2023 Latest Caselaw 10892 HP

                                          1

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                         Cr. MP(M) No. 1719/2023




                                                                            .
                                          Decided on: 03.08.2023





        ______________________________________________________________
    Amit Kumar                                                ....Petitioner





                                      Versus

        State of Himachal Pradesh                                ...Respondent





    _




    Coram
    The Hon'ble Mr. Justice Sushil Kukreja, Judge.
    Whether approved for reporting?1

    For the petitioner            :           Mr. Gurmeet Bhardwaj,

                                              Advocate.

    For the respondent            :           Mr. Jitender Sharma, Additional
                                              Advocate General.



    Sushil Kukreja, Judge (oral)

Fresh status report stands filed.

2. It is not in dispute that the petitioner has been

joining the investigation as and when called by the

Investigating Officer.

3. The learned Additional Advocate General, on

instructions received from ASI Bhajan Singh, P.S.

Fatehpur, District Kangra, H.P., has submitted that the

investigation is complete and nothing remains to be

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

recovered from the petitioner. He further submitted that

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custodial interrogation of the petitioner is not required.

Furthermore, there is no evidence on record to suggest

that the petitioner will tamper with the prosecution

evidence, if released on bail and there is also nothing on

record to suggest that the petitioner will abscond and flee

Therefore, r in to from justice, if enlarged on bail.

4. view of the

circumstances of the case, since the investigation in the facts and

case is complete and nothing remains to be recovered

from the petitioner, coupled with the fact that his

custodial interrogation is not required, the petitioner

deserves to be released on bail in case F.I.R. No. 71/2023,

dated 03.07.2023, under Sections 353 & 332 of the

Indian Penal Code and Section 3 of the Prevention of

Damage to Public Property Act, 1984, registered at Police

Station Fatehpur, District Kangra, H.P. Accordingly, the

bail application is allowed and the interim order dated

07.07.2023, is made absolute, subject to the following

conditions:-

"(i) That the petitioner will appear before the Court and the Investigating Officer whenever required;

(ii) That he will not directly or indirectly make any inducement, threat or promise to any person

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acquainted with the facts of the case so as to

dissuade him/her from disclosing any facts to the Court or the police;

(iii) That he will not tamper with the prosecution evidence nor they will try to win over the prosecution witnesses in any manner;

(iv) That he will not leave India without prior

permission of the Court."

5. Needless to say that the Investigating agency

shall be at liberty to move this Court for cancellation of the

bail, if any of the aforesaid conditions is violated by the

petitioner.

                                                    ( Sushil Kukreja )
    August 03, 2023                                            Judge
         (raman)