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Judgment
Hari Pal Verma, J
The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.
Prayer in this petition filed under Section 438 CrPC is for grant of pre-arrest bail to the petitioner in case FIR No.0142 dated 20.07.2020 under
Sections 195-A, 506, 354-D IPC registered at Police Station Sector 36, Chandigarh.
As per the FIR, the complainant has filed multiple complaints against the petitioner for harassing her. An FIR was also got registered against the
petitioner, but he continues to call the complainant from different numbers and abuses the complainant and her daughter using extremely objectionable
words.
On 02.09.2020, this Court had passed the following order:-
“The allegations against the petitioner are to the effect that hehad been harassing the complainant and her daughter over telephone fromvarious
phone numbers.
Notice of motion for 17.12.2020.
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
Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.
It is directed that in case the petitioner has to visit Chandigarh he shall inform the police station concerned before hand.â€
Learned counsel for the petitioner states that pursuant to order dated 02.09.2020 of this Court, the petitioner has joined investigation.
Learned Public Prosecutor has submitted that no doubt, the petitioner has joined the investigation, but he is harassing the complainant and her daughter
by calling from different numbers and therefore, the petitioner be restrained from making such like unwarranted calls to the complainant and her
daughter.
Counsel for the petitioner submits that though no such calls were ever made by the petitioner, however, the petitioner undertakes that in future, he will
not make any such call to the complainant or her daughter directly or indirectly and further, he would not visit Chandigarh without informing the
concerned police station, as directed by this Court vide order dated 02.09.2020.
I have heard learned counsel for the parties.
Considering the fact that the petitioner has joined investigation, the present petition is allowed and the interim order dated 02.09.2020 is made absolute.
However, the petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid
down under Section 438(2) Cr.P.C.
The petitioner shall not make any attempt to contact the complainant or her daughter directly or indirectly and shall not make any unwarranted calls to
them. In case the petitioner makes any such like call, the complainant shall be at liberty to inform the concerned SHO and after investigation, if the
petitioner is found indulged in any such like activity, the prosecution shall be at liberty to seek cancellation of bail of the petitioner.