Hiding from investigating officer ‘on expressed fear of being victimized’, a factor to be considered for bail: Himachal Pradesh HC

Himachal Pradesh High Court: A Single Judge Bench comprising of Sandeep Sharma, J. allowed a bail application due to full cooperation of the petitioner during the investigations.

A bail petition has been filed under Section 438 CrPC for grant of anticipatory bail with regard to the FIR under Sections 419, 420, 467, 468 and 120-B IPC.

It was stated by the petitioner that the object of bail was to secure the attendance to which he was fully cooperative during the time of investigation and that at this stage nothing was required to be recovered from him.

The Court relied on the Supreme Court decision in the case of Dataram Singh v. State of U.P., (2018) 3 SCC 22, whereby relevance was drawn towards participation in the investigation and not absconding when required by the investigating officer. It further held that if the accused was hiding due to the fear of being victimized, the court shall take it into account and act accordingly. Accordingly, the Court allowed the bail petition but warned the petitioner that if he misuses his liberty or violates any of the conditions imposed upon him the bail shall be cancelled.[Narinder Awasthy v. State of H.P.,2018 SCC OnLine HP 1592, decided on 15-11-2018]

 

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