Himachal Pradesh High Court
Rishabh Srivastava vs State Of H.P on 4 March, 2023
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No. 266 of 2023
Date of Decision: 04.03.2023
______________________________________________________________
.
Rishabh Srivastava ....Petitioner.
Vs.
State of H.P. .....Respondent.
Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
For the petitioner: Mr. Anirudh Sharma, Advocate, for the
petitioner.
For the respondent: M/s Pushpender Jaswal and Baldev Negi,
r Additional Advocate Generals.
ASI Parkash Chand is present in person
alongwith the case record.
_______________________________________________________________
Ajay Mohan Goel, Judge (Oral):
Status report filed, which is perused and ordered to be taken on record.
2. On instructions, learned Additional Advocate General submits that though the petitioner has joined the investigation as and when directed by the Investigating Officer, however, as per him, grant of anticipatory bail is not warranted in the facts of the case.
3. I have heard learned counsel for the parties and also gone through the status report.
4. 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 1 Whether the reporters of the local papers may be allowed to see the Judgment?
::: Downloaded on - 04/03/2023 20:33:27 :::CIS 2interregnum, post grant of anticipatory bail, the petitioner has either tried to influence any witness or has created any other impediment in the course of investigation.
.
5. In view of the above, this petition is allowed and order dated 01.02.2023, passed in case FIR No. 117 of 2022, dated 01.08.2022, registered under Sections 420 & 120-B of the Indian Penal Code at Police Station Sadar, District Shimla, H.P. is made absolute, subject to the following conditions:
"i) Petitioner shall furnish personal bond in the sum of Rs. 50,000/- 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;
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."
6. 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 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 ::: Downloaded on - 04/03/2023 20:33:27 :::CIS 3 trial of the case. It is further clarified that in case the petitioner does not comply 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.
Downloaded copy of this judgment is valid for compliance.
(Ajay Mohan Goel)
Judge
March 04, 2023
(bhupender)
r to
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