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High Court of Himachal Pradesh · body

2025 DAILYLAW 30050 (HP)

MILAN PATEL v. STATE OF HP

CRMP/5495/2025 · 2025-12-17

Sandeep Sharma

body2025

Judgment text

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Milan Patel v. State of Himachal Pradesh CrMP No. 5495 of 2025 in Cr.MP(M) No. 362 of 2024 17.12.2025 Present: Mr. Ashwani K. Sharma, Advocate, for the applicant/petitioner. Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for the State. ASI Naresh Kumar, I/o PS Barotiwala, PS Baddi, present with records. By way of instant application, permission has been sought by the applicant to go abroad i.e. Nairobi, Kenya, for family vacation starting from 20.12.2025 to 27.12.2025. 2. It is averred in the application that since pursuant to orders passed by this Court in CrMP(M) No. 362 of 2024, petitioner has been making himself available for investigation as and when required by the investigating agency and challan already stands filed in the competent court of law, he be permitted to join the afore conference. 3. Pursuant to notice issued in the instant proceedings, respondent-State has filed status report, wherein prayer made by the applicant/petitioner has been opposed on the ground that applicant is accused of heinous crime and in the event of his being granted permission to travel abroad, there is every possibility of petitioner’s fleeing from justice. 4. Having heard learned counsel for the parties and perused material available on record, this court finds that FIR No.14/2024 dated 02.02.2024, at Police Station Barotiwala, District Solan, H.P., under Sections 285, 336, 337, 338, 304-A, 308, 304 Part II of IPC & Section 92 of Factories Act, 1948, stands registered against the petitioner, on the allegation that he being owner of the Company M/s N.R. Aromas, failed to take safety measures on account of fire incident in factory premises, as a result thereof, nine persons lost their lives. 5. 5. Petitioner herein alongwith other co-accused file bail applications for grant of bail, this court vide order dated 12.7.2024, enlarged the bail petitioners on bail subject to following conditions: “a. They shall make themselves available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; b. They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c. They shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or the Police Officer; and d. They shall not leave the territory of India without the prior permission of the Court or I.O.” 6. There is nothing in the status report suggestive of the fact that despite there being orders passed by this Court, applicant failed to join the investigation, rather as per own case of the prosecution, petitioner has been joining the investigation and on the top of everything, challan stands filed in the competent court of law and nothing remains to be recovered from the petitioner. 7. It is not in dispute that in past, pursuant to permission granted by this Court, applicant had also travelled aboard w.e.f. 24.10.2025 to 1.11.2025 in connection with Conference. Nothing has been adduced on record to demonstrate that earlier permission granted by this Court was mis-used by the petitioner, rather he after his having returned from abroad, not only intimated the police station, but also made himself available for investigation. 8. Though Mr. Rajan Kahol, learned Additional Advocate General, on the instructions of Investigating Officer, attempted to argue that in the event of permission being granted to applicant, he may not return to India, but he was unable to dispute that besides having Company in State of Himachal Pradesh, he has also business and properties in other parts of the country i.e. Ratlam, Madhya Pradesh. 9. Consequently, in view of the above, present application is allowed and applicant/petitioner is permitted to travel to Nairobi, Kenya w.e.f. 20.12.2025 to 27.12.2025, in relaxation of condition No. (d) imposed upon him by this Court in Cr.MP(M) No. 362 of 2024. Needless to say, applicant, after his return, shall report at concerned Police Station within three days. Any violation of instant order shall be viewed seriously, which may also compel this court to order cancellation of bail granted in his favour. The application is disposed of. December 17, 2025 (Sandeep Sharma), manjit Judge