RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is co-accused in FIR No. 5/2019, dtd. 17/9/2019, registered under Sec. 409, 420, 120- B of Indian Penal Code and Sec. 13(1)(c) readwith Sec. 13(2) of Prevention of Corruption Act, at Police Station, State Vigilance and Anti-Corruption Bureau, Solan, Himachal Pradesh. He has preferred instant petition under Sec. 438 of Code of Criminal Procedure seeking anticipatory bail in the above mentioned FIR.

(2.) Ad- interim bail was granted to the petitioner vide order dtd. 1/10/2021 subject to the terms and conditions mentioned therein. Status report has been filed today by learned Deputy Advocate General, as per which the petitioner has joined the investigation and is co-operating the investigating agency. He has also deposited an amount of Rs.2,35,450.00 in the bank account of the concerned Gram Panchayat. The status report records that no recovery remains to be effected from the petitioner and that the entire investigation in the matter is almost complete. It has also been submitted by learned Deputy Advocate General that the bail petition filed under Sec. 438 Cr.P.C. by the co-accused Sunder Singh Jaswal, the then Pradhan of concerned Gram Panchayat, Sayri bearing Cr.MP(M) No. 1785 of 2019 has already been allowed by co-ordinate Bench of this Court on 4/10/2019. Learned Deputy Advocate General on the basis of the instructions fairly submitted that in the facts and circumstances, at present the custodial interrogation of the petitioner is not required by the Investigating Agency.