Dinesh Kumar vs State Of Himachal Pradesh
2023 Latest Caselaw 4977 HP

                                                                           .

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                             Cr.MP(M) No.911 of 2023





                                             Decided on: 01.05.2023

    Dinesh Kumar                                              ....Petitioner.
                      Versus
    State of Himachal Pradesh                                 ...Respondent.

    Coram


    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1


    For the petitioner :            Mr. Tarun K. Sharma, Advocate.

    For the respondent : M/s Baldev Negi, Pushpender Jaswal,
                         Additional Advocate Generals, with


                         Mr. Gautam Sood, Deputy Advocate
                         General.
                         ASI Rajender Kumar, P.S. Bhoranj, District
                         Hamirpur, H.P., present in person.




    Ajay Mohan Goel, Judge (Oral)

Status report filed, which is perused and ordered to be

taken on record.

ASI Rajender Kumar, Police Station Bhoranj, District

Hamirpur, H.P., who is present in the Court, has submitted that the

petitioner has joined the investigation as directed by the Court and

though he is not cooperating in the course thereof, but he is not

cooperating in the investigation.

2. Learned counsel for the petitioner submitted that taking

into consideration the fact that FIR No.53 of 2023 was registered

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

.

against the petitioner at Police Station Bhoranj, District Hamirpur,

H.P. and on the fateful day when the incident took place, the

petitioner was at Dhami in District Shimla, H.P. where he is serving

as a Patwari, otherwise also, the case registered against the

petitioner is a completely false case.

3.

Be that as it may, as the petitioner is stated to be

participating in the course of investigation, therefore, in the peculiar

facts of the case and taking into consideration the contention which

has been made by learned counsel for the petitioner, this petition is

allowed of by confirming order dated 13.04.2022, passed in FIR

No.53 of 2023, dated 13.04.2023, registered under Section 302 read

with Section 34 of the Indian Penal Code, at Police Station Bhoranj,

District Hamirpur, H.P., subject to the following conditions:­

i) Petitioner shall furnish personal bond in the sum of Rs.25,000/­ 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 the findings which have been returned

by this Court while deciding this petition are only for the purpose of

adjudication of the present bail petition 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 respondent­State shall be at liberty to approach

this Court for the cancellation of the bail. The petition stands

disposed of in the above terms.

Downloaded copy of this order is valid for compliance.

(Ajay Mohan Goel)

Judge May 01, 2023 (Rishi)