JAI CHAND THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition seeking bail in FIR No.05/2023 dtd. 5/6/2023 for the commission of offences punishable under Ss. 12 and 13(1)(a) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and Ss. 406, 409, and 420 read with Sec. 120B of IPC at Police Station Hamirpur, District Hamirpur, H.P.

(2.) Initially, the present application was filed for seeking the pre-arrest bail, however before the application could be taken up, the petitioner was arrested and it was treated as a regular bail petition with the consent of the parties.

(3.) It is asserted that the petitioner is a permanent resident of Village Brayali, Post Office Darlaghat, Tehsil Arki, District Solan, H.P. He has been working as a Driver with H.P. Staff Selection Commission, Hamipur, since 11/6/2019. The petitioner was selected after fulfilling all the eligibility criteria as per the law. The petitioner was earlier interrogated in FIR No.4 of 2022 dtd. 23/12/2022 for the commission of offences punishable under Sec. 7 of the Prevention of Corruption Act 1988 and Sec. 420 and 120B of IPC. The police were compelling the petitioner to become an approver or a prosecution witness to substantiate the prosecution case. He filed a pre-arrest bail application before this Court which was dismissed as the petitioner was not an accused. The police registered another FIR No.5 of 2023 on 5/6/2023 against the petitioner. The petitioner is innocent and he was wrongly arrayed by the police as an accused. He had joined the investigation as per the direction of the police. The petitioner would join the investigation and shall abide by all the terms and conditions, which may be imposed by the Court. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.