Himachal Pradesh High Court
Decided On: 25.09.2024 vs State Of Himachal Pradesh on 25 September, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:9111
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
Cr.MP(M) No.1985 of 2024
Decided on: 25.09.2024
Sahil Khan ...Petitioner
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Rajesh Verma, Advocate.
For the respondent : Mr. Pushpinder Jaswal, Additional
Advocate General.
ASI Inder Singh, Investigating
Officer, Police Station Nalagarh, is
present in person.
Ajay Mohan Goel, Judge (Oral)
Petitioner in this case has approached the Court for
the purpose of grant of anticipatory bail, in FIR No.87 of 2022,
dated 21.03.2022, under Sections 307, 324, 342, 427, 147 and
148 read with Section 149 of the Indian Penal Code, registered at
Police Station Nalagarh, District Solan, H.P.
Whether reporters of the local papers may be allowed to see the judgment?
2024:HHC:9111
.
2. Learned counsel for the petitioner submits that
petitioner has post grant of anticipatory bail duly joined the
investigation.
3. Learned Additional Advocate General, on
instructions, submits that the petitioner has duly joined the
investigation and as of now no recovery etc. is to be effected
from him.
4. Taking into consideration these facts, this petition is
allowed and order dated 09.09.2024, passed in FIR No.87 of
2022, dated 21.03.2022, under Sections 307, 324, 342, 427, 147
and 148 read with Section 149 of the Indian Penal Code,
registered at Police Station Nalagarh, District Solan, H.P., is
made absolute, subject to the following conditions:-
i) Petitioner shall furnish personal bond in the sum
of Rs.10,000/- 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;
2024:HHC:9111
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.
5. 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 application 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 State shall be at
liberty to approach this Court for the cancellation of the bail. The
petition stands disposed of in the above terms.
(Ajay Mohan Goel)
Judge
September 25, 2024
(vinod)
