The main legal point established is that 'cooperation' in the context of investigation does not require the accused to confess guilt, and custodial investigation may not be necessary if the accused is participating in the investigation as directed.

JUDGMENT

Ajay Mohan Goel, J. - Petitioner in this case has approached the Court for the purpose of grant of anticipatory bail, in FIR No.102 of 2018, dated 28.09.2018, under Sections 420, 467, 468 and 120-B of the Indian Penal Code, registered at Police Station Banjar (Seraj), District Kullu, H.P. He was granted anticipatory bail, vide order dated 02.03.2021, passed by this Court.

2. Learned counsel for the petitioner submits that petitioner has post grant of anticipatory bail duly joined the investigation.

3. Learned Additional Advocate General submits that in the course of investigation, the petitioner is not cooperating. On a pointed query put to the learned Additional Advocate General by the Court, the Court was informed that the petitioner has been called twice or thrice since the date of grant of interim bail, for investigation.

4. It is not in dispute that after grant of the bail to the petitioner, he has participated in the course of investigation as and when directed by the Investigating Officer.

5. Having heard learned counsel for the parties at length, this Court is of the considered view that the word 'cooperation' is being wrongly interpreted by the police, as if an accused is supposed to confess his guilt during the course of investigation. That is not what is the intent of the word 'cooperation'. The word 'cooperation' means that on the asking of the Investigating Officer, the accused has to present himself before the Investigating Officer and participate in the investigation, but in the course of the same it is not as if he has to implicate himself so as to prove the case of the prosecution. Besides this, the State has not been able to point out specifically as to why the custodial investigation of the petitioner is necessary, especially as he has been participating in the investigation as an when directed by the Investigation Officer.

6. Taking into consideration these facts, this petition is allowed and order dated 22.03.2021, passed in FIR No.102 of 2018, dated 28.09.2018, under Sections 420, 467, 468 and 120-B of the Indian Penal Code, registered at Police Station Banjar (Seraj), District Kullu, H.P., is made absolute, subject to the following conditions:-

i) Petitioner shall furnish personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Trial Court, within a period of two weeks from today.

ii) He shall make himself 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;

iii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

iv) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

v) He shall not leave the territory of India without prior permission of the Court.

7. It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.

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