Himachal Pradesh High Court
Rajesh Kumar Mishra vs State Of Himachal Pradesh on 17 December, 2018
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .
Cr.M.P(M) No. 1675 of 2018 Decided on : 17.12.2018 Rajesh Kumar Mishra .....Petitioner.
Versus State of Himachal Pradesh ....Respondent. Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1 For the Petitioner: Mr. Bhupinder Ahuja, Advocate.
For the RespondentState: Mr. Hemant Vaid, Additional Advocate General with Mr. Vikrant Chandel and Mr. Yudhveer Singh Thakur, Deputy Advocate Generals.
SI Devi Singh, I/O P.P City Bilaspur in person.
Sureshwar Thakur, J (oral) The instant petition, stands instituted by the bail petitioner, under, Section 438 Cr.P.C, wherethrough he seeks grant of anticipatory bail qua him, given his apprehending his arrest, for his allegedly committing offences punishable, under 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 19/12/2018 22:55:47 :::HCHP
...2...
Sections 420 and 120B of Indian Penal Code, in case FIR No. .
240/18 of 12.10.2018 registered with Police Station Bilaspur.
2. The requisite status report, as, elicited from the Investigating Officer concerned, is, placed on record. The investigating Officer,has intimated this Court that the accused had rendered to him, his fullest cooperation. Consequently, given the bail applicant, hence, rendering the fullest cooperation to the Investigating Officer, and, also with investigations into the alleged offences, being complete, besides when at this stage, no material stands placed by the prosecution, demonstrating, that in the event of bail being granted to the bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is, hence, constrained to afford, the facility of bail, in favour of the bail applicant.
3. Accordingly, the indulgence of bail is granted to the bail applicant, and, the order rendered on 3.12.2018 is confirmed, on, the following conditions: ::: Downloaded on - 19/12/2018 22:55:47 :::HCHP ...3...
1. That he shall join the investigation, as .
and when required by the Investigating agency;
2. That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police;
3. That he shall not leave India without the previous permission of the Court;
4. That he shall deposit his passport, if any, with the Police Station, concerned;
5. That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody;
6. That he shall apply for bail afresh when the challan is filed before the trial Court.
4. In view of above, petition stands disposed of. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial ::: Downloaded on - 19/12/2018 22:55:47 :::HCHP ...4...
Court shall decide the matter uninfluenced by any observation .
made herein above.
Dasti Copy.
17th December, 2018. ( Sureshwar Thakur ), (priti) Judge.
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