Ramesh Chand vs State

Ajay Mohan Goel, J

Demarcation report is ordered to be taken on record. Having perused the same, this Court is of the view that as the present petition before this

Court is under Section 438 of the Code of Criminal Procedure, it will be in the interest of justice that this Court does not make any observation with regard to the said demarcation report.

It is not denied that after grant of anticipatory bail, the petitioner has duly joined the investigation and has not created any hindrance in the same. It

is further not the allegation of the prosecution that in the interregnum, post grant of anticipatory bail, the petitioner has either tried to influence any witness or has created any other impediment in the course of investigation.

In view of the above, this petition is allowed and order dated 28.02.2020, passed in FIR 64 of 2019, dated 23.07.2019, registered under Section 3 of

the Prevention of Damage to Public Property Act at Police Station Kumarsain is made absolute, subject to the following conditions:

“i) Petitioner shall furnish personal bond in the sum of Rs. 20,000/ 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.”

It is clarified that 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 comply 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.