RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Learned Additional Advocate General has placed on record the status report and the Investigating Officer ASI Jai Chand of Police Station, Sadar, Chamba has produced the record. The only allegations as disclosed from the record against the accused-petitioner are that while seeking employment as Beldar in the department of animal husbandry, he has produced fake and fictitious certificate, whereas his qualification is not as matric. The record further reveals that the accused-petitioner has joined the interrogation and is ready and willing to associate with the investigation of the case in future also. The only complaint is that while conducting his interrogation, the accused-petitioner has deliberately avoided to disclose the factum of having produced the fake and fictitious certificate to the department of animal husbandry at the time of seeking employment.

(2.) The investigation though is still in progress, however, there is no likelihood of the accused-petitioner to abscond or not available for the purpose of further interrogation for the reason that he is a. local resident and can reasonably be believed to have roots in the society. Although, it is claimed that the FIR against the accused-petitioner has been engineered and fabricated by the complainant, i.e., Pradhan, Gram Panchayat, Gagla, on account of enmity as the father of the accused-petitioner Punnu Ram was his rival candidate in the Panchayat election and in support thereof judgments Annexures P-2 and P-3 pertaining to the criminal cases earlier instituted against the accused-petitioner and his father and others at the instance of the same complaint, vide which they have been acquitted, are pressed in service, yet without expressing any opinion on merits qua this aspect of the matter and leaving it open to the competent Court to consider the same at an appropriate stage, this Court otherwise found sufficient grounds to admit the accused-petitioner on bail in the event of his arrest in connection with the case registered against him under Section 420 of the Indian Penal Code, vide FIR No. 17 of 2014, in Police Station, Sadar, Chamba. This application is, therefore, allowed and it is ordered that in the event of arrest of the accused-petitioner in connection with the case registered against, he shall be released on bail, subject to his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/arresting Police Officer and on his further abiding by the following conditions:

(3.) It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him; the investigating agency shall be free to move this Court for cancellation of the bail.