Himachal Pradesh High Court
Gurminder Singh vs State Of Himachal Pradesh on 22 December, 2023
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) No.3104 of 2023
.
Decided on 22.12.2023
Gurminder Singh ...Petitioner
Versus
State of Himachal Pradesh ...Respondent
Coram
of
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?
rt
For the petitioner:
For the respondent:
Mr. Ajay Kumar Dhiman, Advocate.
Mr. Rupinder Singh, Additional
Advocate General.
HC Dinesh Kumar No. 619,IO PS Nalagarh,
District Solan, H.P. present with case
record.
Ajay Mohan Goel, Judge (Oral)
Status report has been filed, which is perused and ordered
to be taken on record.
2. By way of this petition filed under Section 439 of the Code of
Criminal Procedure, the petitioner has prayed for grant of bail in FIR No.
206 of 2018, dated 13.08.2018, registered under Sections 452, 396, 307,
323, 324, 326, 212, 412, 201 and 120B of the Indian Penal Code, at
Police Station Nalagarh, District Solan, H.P.
3. Learned Counsel for the petitioner submits that that the
petitioner is in custody since the month of August, 2018. He further
submits that other co-accused have already been released in this case by
this Court in terms of orders passed in Cr.MP(M) No. 1014 of 2023, dated
19.08.2023, Cr.MP(M) No. 2245 of 2023 dated 22.09.2023 and Cr.MP(M)
.
No.2713 of 2023, dated 02.11.2023, primarily on the ground that the FIR
was lodged against the petitioner in the month of August, 2018 and since
then they are in custody and their further detention would amount to
prolonged incarceration even without there being a judgment of conviction
of
against them. This fact has not been disputed by learned Additional
Advocate General.
4. Having heard learned counsel for the parties and also gone
rt
through the pleadings as well as the status report filed by the State and
also the record that has been produced by the office of the learned
Additional Advocate General, this bail petition is allowed and the petitioner
is also ordered to be released on bail in FIR No.206 of 2018, dated
13.08.2018, registered under Sections 452, 396, 307, 323, 324, 326, 212,
412, 201, 120B of Indian Penal Code at Police Station Nalagarh, District
Solan, H.P., subject to his furnishing personal bail bond in the sum of
Rs.1.00 Lac (Rs. One Lac) with one surety in the like amount to the
satisfaction of concerned Chief Judicial Magistrate/Additional Chief
Judicial Magistrate/Judicial Magistrate First Class. The petitioner shall also
abide by the following conditions:-
(a) The petitioner shall 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;
(b) He shall not tamper with the prosecution evidence nor
hamper the investigation of the case in any manner
whatsoever;
(c) 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
(d) He will not leave the territorial jurisdiction of the Trial Court
without the leave of the Court."
5. It is clarified that the findings which have been returned by
of
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
rt
adjudication n of this petition during 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 bail. The petition
stands disposed in above terms.
Downloaded copy of this order from the website of this Court
shall be valid for compliance.
(Ajay Mohan Goel)
Judge
December 22, 2023
(narender)
