HP High Court Grants Bail to ASI Pankaj Sharma in CBI Case on Alleged Tampering of Evidence
Shimla, October 31:
The Himachal Pradesh High Court on Thursday granted bail to Assistant Sub-Inspector Pankaj Sharma, who is facing CBI investigation for allegedly withholding and formatting a pen drive recovered from the body of missing person Vimal Negi, whose death was being probed by the HP Police.
The order was passed by Justice Virender Singh.
Sharma, arrested on September 14 from his native village in Bilaspur, is facing charges under Sections 315, 238 read with 108, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS).
The case was initially registered in New Shimla Police Station and later transferred to the CBI by the High Court on May 23.
The CBI, in its status report, alleged that the ASI reached the spot where the body was traced and directed a fisherman to search the deceased’s clothes.
A purse was recovered and handed to Sharma. According to the agency, Sharma kept the pen drive with him, without informing the local police or special investigation team.
The forensic report later confirmed that the pen drive had been formatted.
CCTV footage from PS Sadar allegedly shows Sharma inserting the pen drive into a police computer on March 21.
The CBI claimed he opened files and deleted the data “with ulterior motive to screen the offenders” involved in the death.
The agency further said Sharma changed his version repeatedly, initially agreeing to polygraph and narco tests but later refusing when produced before court.
However, the Court noted that the CBI’s request for extended police custody had already been rejected by the trial court, and the order had not been challenged.
Since Sharma has remained in judicial custody and custodial interrogation is no longer required, the Court held that pre-trial incarceration cannot be prolonged indefinitely.
Justice Singh observed that the offences carry limited punishment and there is little likelihood of early conclusion of trial.
The Court said the applicant can join investigation whenever required and cited Supreme Court rulings in Gurbaksh Singh Sibbia and Sushila Aggarwal to emphasise that “deemed custody” during discovery can be ensured without denying bail.
The Court granted bail on a personal bond of ₹50,000 with one surety and imposed conditions: he must attend trial regularly, not tamper with evidence, not influence witnesses, and not leave India without permission.
The jail authorities have been directed to release him and update the e-prison software. If bail bonds are not furnished within one month, the jail superintendent must inform the Court.