______________________________________________________________ vs State Of Himachal Pradesh
2023 Latest Caselaw 15655 HP

                                          1

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                         Cr. MP(M) No. 2322/2023




                                                                            .
                                          Decided on: 07.10.2023





        ______________________________________________________________
    Raj 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. Ajay Thakur, Advocate.

    For the respondent            :           Mr. Raj Kumar Negi, 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 the Investigating Officer has

submitted that the investigation is almost complete and

nothing remains to be recovered from the petitioner. He

further submitted that custodial interrogation of the

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

petitioner is not required. Furthermore, the main accused

.

has already been released on bail by this Court, as such,

the petitioner is also required to be released on bail on

the ground of parity. Moreover, 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

4.

Therefore, in

nothing on record to suggest that the petitioner will

abscond and flee from justice, if enlarged on bail.

view of the facts and

circumstances of the case, since the investigation in the

case is almost complete and nothing remains to be

recovered from the petitioner, coupled with the fact that

his custodial interrogation is not required and the main

accused has already been released on bail, the petitioner

also deserves to be released on bail in case F.I.R. No.

84/2023, dated 24.06.2023, under Sections 420, 403,

468, 120-B & 34 of the Indian Penal Code, registered at

Police Station Barsar, District Hamirpur, H.P. Accordingly,

the bail application is allowed and the interim order dated

14.09.2023, 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 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 )





    October 07, 2023                                        Judge
         (raman)