Sapna vs State Of Himachal Pradesh
2023 Latest Caselaw 12776 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CR.MP(M) No.2029 of 2023

Date of Decision: 01.09.2023 _________________________________________________

Sapna ....Petitioner Versus

State of Himachal Pradesh

...Respondent _________________________________________________ Coram r Hon'ble Mr. Justice Sushil Kukreja, Judge

Whether approved for reporting?1 ________________________________________________ For the appellant: Kanwar Virender Singh, Advocate.

For the respondent:

Mr. Jitender Sharma, Additional Advocate General.

________________________________________________

Sushil Kukreja, Judge

Status report 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 SHO Rama Nand, Police Station

State CID, Bharari, Shimla, H.P., has submitted that the

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

investigation is almost complete and nothing remains to be

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recovered from the petitioner. He further submitted that

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 from justice,

if enlarged on bail.

4. Therefore, in 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 her custodial

interrogation is not required, the petitioner deserves to be

released on bail in case F.I.R. No. 8/2021, dated 17.07.2021,

under Sections 420,465,467,468,471,472 and 409 read with

Section 120-B of the Indian Penal Code, registered with

Police Station State CID, Shimla, District Shimla, H.P.

Accordingly, the bail application is allowed and the interim

order dated 09.08.2023, is made absolute, subject to the

following conditions:-

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"(i) That the petitioner will appear before the Court

and the Investigating Officer whenever required;

(ii) That she 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 she will not tamper with the

prosecution evidence nor she will try to win over the prosecution witnesses in any manner;

(iv) That she 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 ) Judge

September 01, 2023 (gaurav)