The decision emphasized the importance of considering individual involvement and cooperation with the investigation when granting bail in cases involving alleged criminal activities.

KULDIP SINGH, J.

1. THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 14 of 2013 dated 3.10.2013 registered at Police Station, Vigilance and Anti Corruption, Dharamshala, Himachal Pradesh, under Sections 13 (2) of Prevention of Corruption Act and Section 3 of Prevention of Damage to Public Property Act, 1984.

2. IT has been stated that the petitioner remained posted as Principal, Government College, Dharamshala from 24.7.2008 to 2.3.2010. There was a proposal to transfer land alongwith residential building to the Department of Sports, Government of Himachal. Whether reporters of Local Papers may be allowed to see the Judgment ? yes Pradesh prior to posting of petitioner as Principal in Government College, Dharamshala. The Dharamshala Cricket Stadium was constructed on part of the said land and other land. The petitioner has no role in transferring and demolishing the structure standing on the said land. The land over which residential structure of the College was standing was transferred by the Deputy Commissioner, Kangra to the Department of Sports and mutation to this effect was also attested on 19.11.2008. The building constructed on the said land was neither demolished by the petitioner nor by anyone under his order. The petitioner never put the building material on auction. The petitioner has been falsely implicated in the case. It has been submitted that the petitioner is ready to join the investigation, no recovery is to be made from the petitioner. He is ready to furnish the bail bonds. It has been submitted that other accused have been released on bail by the Courts.

The status report has been filed and the bail application has been opposed. It has been stated in the status report that on 14.3.2008 the then Deputy Commissioner called a meeting in which officiating Sub Divisional Magistrate, Dharamshala, Executive Engineer, PWD, Assistant Engineer, PWD, Principal, Govt. College, Dharamshala and Sanjay Sharma for Himachal Pradesh Cricket Association participated. In the meeting, a resolution was passed that Type -IV accommodation which is in possession of Education Department and opposite to Cricket Stadium is in dilapidated condition and is a danger to the Cricket Stadium. It has been stated that the land comprised in Khasra Nos.3673/3547/3335 measuring 720 sq. meters was transferred from Education Department to Sports Department vide Deputy Commissioner, Kangra order dated 20.9.2008 and the mutation was attested on 19.11.2008, but the physical possession of said land remained with the Education Department. There was two storeyed building on the aforesaid land measuring 720 sq.meters. There was no lease of this land in favour of Himachal Pradesh Cricket Association. According to the officials of Sports Department, the possession of the said land was not given to them, college teachers were occupying the residences in the building constructed over the said land.

3. IN 2009, Himachal Pradesh Cricket Association demolished the structure on aforesaid 720 sq.meters land and took its possession. At the time of demolition of building, the petitioner visited the spot, he asked the bulldozer driver why the building was being demolished, driver told that the building was being demolished as per the order of the higher authorities. The allegation against the petitioner is that he did not bring this fact to the notice of higher authorities of Education Department nor he is disclosing who demolished the structure. He is also not disclosing, who has taken away the building material. It has been stated that the petitioner is further to be interrogated and, therefore, prayer has been made for rejection of the bail application.

4. I have heard learned counsel for the parties and have also gone through the record. Learned Additional Advocate General on instructions received from Inspector, Yashpal present in the Court, has stated that till now there are only six accused in the afores