IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 2889 of 2024 Decided on: 14.01.2025 ____________________________________________________ Surinder Verma ….. petitioner Versus State of Himachal Pradesh …..respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Vacation Judge Whether approved for reporting? 1 For the petitioner : Ms. Anu Tuli Azta, Advocate. For the respondent : Mr. B.N. Sharma, Additional Advocate General. ____________________________________________________ Bipin Chander Negi, Vacation Judge (oral) The present bail petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail, in FIR No.13 of 2024, dated 27.04.2024, registered at Police Station, New Shimla H.P., under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. 2. Heard counsel for the parties. Perused the status report. 3. The bail petitioner is stated to have availed a loan from H.P. Gramin Bank, Khalini. The bail petitioner had applied for the loan on 27th March, 2017. Subsequent thereto after processing the papers, loan was disbursed forthwith in favour of the present bail petitioner. The loan was for a sum of Rs.9.5 lacs approximately. The bail petitioner had defaulted in the repayment 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 of the loan. For recovery of the same, appropriate proceedings under the Civil Law had been initiated by the concerned bank. The present FIR has been lodged on 27.04.2024. 4. The allegations in the same are that for procuring the loan way back in March, 2017, the bail petitioner had used forged documents. 5. The dispute in the case at hand primarily appears to be of a civil nature. No recovery is to be instituted from the present bail petitioner. Investigating in the case at hand is still in progress. The case is primarily a record based case. There is no requirement for any custodial interrogation insofar the bail petitioner is concerned. Forgery, if any, is to be determined at the trial. 6. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 7. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. 8. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The 3 burden of his detention falls heavily on the innocent members of his family. 9. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 10. The petitioner is a permanent resident of Village Halai, Post Office Sarion, Tehsil Theog, District Shimla H.P. and the respondent-State has not expressed any apprehension of the petitioner fleeing from justice. In any case, the petitioner can be put to terms for the purpose of safe, secure and un-obstructed completion of trial. 11. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and interim order dated 18.12.2024 is confirmed. This bail order is subject, however, to the following conditions:- (i) that the petitioner will appear before the Court and the Investigating Officer whenever required ; (ii) that he will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4 dissuade him/her from disclosing any facts to the Court or the police; (iii) that he will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorise them in any manner; (iv) that he will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case; (v) that he will not leave India without prior permission of the Court; & (vi) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any. 12. Needless to say that investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioner. 13. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein . 14. In view of the above, the petition stands disposed of. (Bipin C. Negi) Vacation Judge January 14, 2025 tarun