______________________________________________________________ vs State Of Himachal Pradesh
2023 Latest Caselaw 12942 HP

                                          1

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                         Cr. MP(M) No. 1505/2023




                                                                            .
                                          Decided on: 05.09.2023





        ______________________________________________________________
    Rajat Bhalla                                              ....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 Kochhar, Senior

                                              Advocate with Mr. Bhairav
                                              Gupta, 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 Rajeev Joshi, P.S. Rohru,

District Shimla, H.P., has submitted that the investigation

is almost complete and nothing remains to be recovered

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

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,
                       r        in     to
                                       view       of        the

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

case is almost 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. 78/2023,

dated 15/16.06.2023, under Sections 354D, 506, 436 and

201 of the Indian Penal Code, registered at Police Station

Rohru, District Shimla, H.P. Accordingly, the bail

application is allowed and the interim order dated

19.06.2023, 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 )
    September 05, 2023                                        Judge




         (raman)