Ravinder Kumar vs State Of Himachal Pradesh
2024 Latest Caselaw 17741 HP

Himachal Pradesh High Court

Ravinder Kumar vs State Of Himachal Pradesh on 20 November, 2024

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 ( 2024:HHC:11871 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                      Cr.MP(M) No.2345 of 2024
                                      Date of Decision : 20.11.2024

 Ravinder Kumar                                              ...... Petitioner

                              Versus

 State of Himachal Pradesh                                   ......Respondent

 Coram:

 The Hon'ble Mr. Justice Bipin Chander Negi, Judge

 Whether approved for reporting?1

 For the Petitioner      :    Mr. M.A. Khan, Senior Advocate with Ms Hem
                              Kanta Kaushal and Mr. Azmat Hayat Khan,
                              Advocates.

 For the Respondent :         Mr. Diwakar Dev Sharma, Additional Advocate
                              General.


 Bipin Chander Negi, Judge (oral)

The present bail petition has been filed under Section

482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for

grant of bail. The same arises out of FIR No.3 of 2024 dated

19.10.2024, under Sections 61 and 318 of the Bhartiya Nyaya

Sahinta (BNS), 2023, registered at Police Station, Hamirpur State

Vigilance and Anti Corruption Bureau (SVA & ACB), District

Hamirpur, Himachal Pradesh.

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

( 2024:HHC:11871 )

2. Sub Inspector Raj Kumar, Police Station, Hamirpur

State Vigilance and Anti Corruption Bureau (SVA & ACB), District

Hamirpur, Himachal Pradesh, is present along with record.

Status report stands filed. The same is taken record. Copy

whereof has been supplied to the learned counsel for the

petitioner.

3. Heard counsel for the parties and perused the status

report.

4. From a perusal of the status report, it is evident that

no recovery is to be instituted from the bail petitioner. Other than

the aforesaid, in the status report it has been categorically

mentioned that the petitioner is not required for any further

investigation. No fear of flight risk insofar as the bail petitioner is

concerned has been expressed in the status report so filed.

Learned Additional Advocate General submits that as and when

required, the present bail petitioner shall be summoned by taking

summons under Section 35(3) of the Nagrik Suraksha Sanhita,

2023.

5. In view of the aforesaid, interim order dated

23.10.2024 is made absolute, subject to the conditions specified

therein.

( 2024:HHC:11871 )

6. In case of violation of any of the terms & conditions of

the bail, respondent-State shall be at liberty to move appropriate

application for cancellation of the bail. It is made clear that

observations made above are only for the purpose of adjudication

of instant bail petition and shall not be construed as an opinion on

the merits of the matter. Learned Trial Court shall decide the

matter without being influenced by above observations.

With the aforesaid observations, the present petition

stands disposed of, so also the pending miscellaneous

applications, if any. Downloaded copy of this judgment is valid for

compliance.

                                                 ( Bipin Chander Negi)
November 20, 2024 (KS/Nisha)                             Judge