ESHAN KIRAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been instituted by the petitioner/bail applicant under Sec. 439 Cr.P.C, for his being ordered, to, be released from judicial custody, wherein he stands extantly lodged, for his allegedly committing offences punishable, under, Ss. 420, 467, 468, 471,419,120B of I.P.C and Ss. 66(c) and 66 (D) IT Act, in case FIR No. 236/18 of 11/8/2018 registered with Police Station, Nurpur.

(2.) The investigating Officer present in Court, submits that the only constraint, which is likely to beset this Court, in its, allowing the application, is, comprised in the factum, that, the bail applicant, has not, enabled effectuation of recovery of the allegedly duped sums of money. However, he further submits that except the aforesaid facet, the entire investigation is complete. The afore constraint may be overcome by this Court, ordering, as a condition precedent, for indulgence of bail being granted qua the bail applicant, the latter furnishing a solvent security equivalent, to the sum of Rs.75.00 lacs, before the learned trial Magistrate concerned.

(3.) Further more The learned Deputy Advocate General submits before this Court, that, the bail applicant is a habitual criminal, and, is involved in alike offences comitted within the jurisdiction of Police Station, Bhadwani, Madhya Pradesh. He submits that hence given the repeated indulgence of the applicant in criminal activities, thereupon, the according of facility of bail in his favour, being not appropriate, as there, is every likelihood of his influencing the prosecution witnesses, in other cases pending against him, to and, also his re ?indulging in the commission of offences.