High CourtsSingle Bench(2022) 02 SHI CK 0078

Ravi Kumar vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 28 February 2022

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (Main) No. 306 Of 2022

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Judgment

14 paragraphs · 469 words

Ajay Mohan Goel, J

1.

ASI Jawahar Lal, IO Police Station Dharampur, District Solan, H.P. is present with case record.

2.

Status report has been filed which is perused and taken on record.

3.

Heard.

4.

On instructions, learned Additional Advocate General submits that the petitioner is participating in the course of investigation as and when directed by the Investigating Officer. Further, as of now, no recovery etc. is to be effected at his instance. However, as per him, grant of anticipatory bail is not warranted in the facts of the case.

5.

I have heard learned Counsel for the parties and also gone through the status report.

6.

It is not in dispute that after the grant of bail, the petitioner has duly participated in the course of investigation and has not created any hindrance in the same. It is further not the allegation of the prosecution that in the interregnum, post grant of anticipatory bail, the petitioner has either tried to influence any witness or has created any other impediment in the course of the investigation.

7.

Therefore, keeping into consideration the fact that the investigation is now complete, this petition is allowed and the petitioner is ordered to be released in FIR No. 22 of 2022, dated 27.01.2022, registered under Sections 336 and 307 of the Indian Penal Code and Section 25 of the Arms Act at Police Station, Dharampur, District Solan, H.P by making order dated 04.02.2022 as absolute, subject to the following conditions:-

• Petitioner shall furnish personal bond in the sum of `20,000/- with one surety in the like amount to the satisfaction of the learned Trial Court within two weeks.

• 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;

• He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

• 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

• He shall not leave the territory of India without prior permission of the Court.

8.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced, in any manner, whatsoever, by any of the findings so returned by this Court in the adjudication of this petition, during the course of trial of the case. It is further clarified that in case the petitioner does not