Grant of anticipatory bail under Section 438 (2) Cr.P.C. based on false implication and cooperation with the investigation.

JUDGMENT

Gurvinder Singh Gill, J. (Oral). - The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No. 176 dated 4.11.2021 under Sections 61/1/14 of the Punjab Excise Act, 1914 at Police Station Guruharsahai, District Ferozepur.

2. At the time of issuance of notice of motion on 15.2.2022, the following order was passed :

'The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered against them vide FIR No. 176, dated 4.11.2021, Police Station Guruharsahai, District Ferozepur, under Section 61/1/114 of the Punjab Excise Act 1914.

The FIR in question was lodged on the basis of a secret information received by the police to the effect that the petitioner indulged in distilling of illicit liquor. Pursuant to receipt of said information, a raid was conducted and 270 liters of 'Lahan', 4 bottles of illicit liquor and a working still were recovered. However, the petitioner was not arrested at the spot.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that the very fact that despite prior information the police was unable to apprehend the petitioner clearly shows that a false case has been foisted upon the petitioner and that infact the same has been foisted on account of political rivalry.

Notice of motion for 19.7.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.'

3. Learned State counsel, upon instructions from ASI Gurcharan Singh, has informed that pursuant to interim directions issued by this Court the petitioner has since joined investigation and is not required for any custodial interrogation.

4. Having heard the learned counsel for the parties and bearing in mind the facts and circumstances of the case and also that the petitioner has already joined investigation and is not required for any custodial interrogation, the present petition is accepted and the interim directions issued by this Court vide order dated 15.2.2022 are hereby made absolute, subject to the condition that the petitioner shall continue to join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.