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Judgment
Anoop Chitkara, J
The petitioner, who is in judicial custody in another FIR relating to fake degree scam of Manav Bharti University, now apprehends his arrest at the
hands of Enforcement Directorate and thus, has come up before this Court seeking protection from arrest because he has already been ordered to be
released on bail in the said FIR.
Based on the complaint forwarded by Himachal Pradesh Police on 11.9.2020 vide letter No.L&O-5/M.B.U./20-10220 wherein 3 FIRs No.22/20,
26/20 and 27/20 under Sections 420, 467, 468 and 120B of IPC registered in Police Station Dharampur, District Solan, H.P, the Enforcement
Directorate on 17.9.2020 recorded Enforcement Case Information Report (ECIR) disclosing cognizable and non-bailable offences.
Shri Rajesh Kumar Sharma, learned Additional Solicitor General of India has handed over a status report. Learned Additional Solicitor General of
India based on instructions contends that they do not oppose bail subject to the condition that whenever the petitioner wants to leave the state of
Himachal Pradesh, he shall inform the location and time, for which he is going, to the investigator in advance.
Given above, the Court is granting bail to the petitioner, subject to the imposition of following conditions, which shall be over and above, and
irrespective of the contents of the form of bail bonds in chapter XXXIII of CrPC. Consequently, the present petition is allowed, and in the event of
arrest the petitioner shall be released on bail in the FIR mentioned above, on his furnishing a personal bond of INR 1,00,000/, (INR One lac only), with
one surety same amount), to the satisfaction of the Investigator/ SHO of the concerned Police Station. The furnishing of bail bonds shall be deemed
acceptance of all stipulations, terms, and conditions of this bail order:
a) The petitioner shall share his phone number with investigator and shall always keep his location on till the completion of the investigation. He shall
further inform the investigator about the address and time period for which he would leave the state of Himachal Pradesh well in advance.
b) “Before leaving the territory of State of Himachal Pradesh, the petitioner shall inform the investigator of Directorate of Enforcement by sending
a Whatsapp message or SMS message or calling him on phone about the address and the location where he would be going. He may also share his
google location with the investigator every time whether within or outside Himachal.â€
c) The Attesting officer shall mention on the reverse page of personal bonds, the permanent address of the petitioner along with the phone number(s),
WhatsApp number (if any), email (if any), and details of personal bank account(s) (if available).
d) The petitioner shall join investigation as and when called by the Investigating officer or any superior officer. Whenever the investigation takes place
within the boundaries of the Police Station or the Police Post, then the petitioner shall not be called before 8 AM and shall be let off before 5 PM. The
petitioner shall not be subjected to third- degree methods, indecent language, inhuman treatment, etc.
e) The petitioner shall join and cooperate in the investigation, and failure to do so shall entitle the prosecution to seek cancellation of the anticipatory
bail granted by the present order. (Kala Ram v. State of Punjab, 2018 (11) SCC 350).
f) The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police
officials, or any other person acquainted with the facts of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to
tamper with the evidence.
g) Once the trial begins, the petitioner shall not in any manner try to delay the trial. The petitioner undertakes to appear before the concerned Court, on
the issuance of summons/warrants by such Court. The petitioner shall attend the trial on each date, unless exempted.
h) There shall be a presumption of proper service to the petitioner about the date of hearing in the concerned Court, even if it takes place through
SMS/ WhatsApp message/ E-Mail/ or any other similar medium, by the Court.
i) In the first instance, the Court shall issue summons and may inform the Petitioner about such summons through SMS/ WhatsApp message/ E-Mail.
j) In case the petitioner fails to appear before the Court on the specified date, then the concerned Court may issue bailable warrants, and to enable the
accused to know the date, the Court may, if it so desires, also inform the petitioner about such Bailable warrants through SMS/ WhatsApp message/
E-Mail.
k) Finally, if the petitioner still fails to put in an appearance, then the concerned Court may issue Non-Bailable warrants to procure the petitioner's
presence and send the petitioner to the Judicial custody for a period for which the concerned Court may deem fit and proper.
l) In case of Non-appearance, then irrespective of the contents of the bail bonds, the petitioner undertakes to pay all the expenditure (only the principal
amount without interest), that the State might incur to produce him before such Court, provided such amount exceeds the amount recoverable after
forfeiture of the bail bonds, and also subject to the provisions of Sections 446 & 446-A of CrPC. The petitioner's failure to reimburse the State shall
entitle the trial Court to order the transfer of money from the bank account(s) of the petitioner. However, this recovery is subject to the condition that
the expenditure incurred must be spent to trace the petitioner and it relates to the exercise undertaken solely to arrest the petitioner in that FIR, and
during that voyage, the Police had not gone for any other purpose/function what so ever.
m) The petitioner shall intimate about the change of residential address and change of phone numbers, WhatsApp number, e-mail accounts, within
thirty days from such modification, to the police station of this FIR, and the concerned Court, if such stage arises.
n) The petitioner shall abstain from all criminal activities. If done, then while considering bail in the fresh FIR, the Court shall take into account that
even earlier, the Court had cautioned the accused not to do so.
o) During the trial's pendency, if the petitioner repeats the offence or commits any offence where the sentence prescribed is seven years or more,
then the State may move an appropriate application for cancellation of this bail.
p) In case of violation of any of the conditions as stipulated in this order, the State/Public Prosecutor may apply for cancellation of bail of the
petitioner. Otherwise, the bail bonds shall continue to remain in force throughout the trial following the mandate of the Constitutional Bench in Sushila
Aggarwal, (2020) 5 SCC 1, Para 92, wherein the Constitutional bench held that anticipatory bail can continue until the end of the trial; however, the
Courts can limit the bail period's tenure if unique or peculiar features require.
The learned Counsel representing the accused and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all
conditions of this bail order to the petitioner, in vernacular and if not feasible, in Hindi or English.
In case the petitioner finds the bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for
modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even before the Court taking
cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condition.
This order does not, in any manner, limit or restrict the rights of the Police or the investigating agency, from further investigation in accordance with
law.
The present bail order is only for the FIR mentioned above. It shall not be a blanket order of bail in any other case(s) registered against the
petitioner.
Any observation made here-in-above is neither an expression of opinion on the merits of the case, nor shall the trial Court advert to these
comments.
The petition stands allowed in the terms mentioned above. All pending applications, if any, stand closed.
Copy Dasti.