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Judgment
Petitioner has filed this bail application under Section 438 of Cr.P.C.
F.I.R. No.28/2017 was registered at Police Station, Bhiwadi, District Alwar for offence under Sections 306, 120-B I.P.C.
It is contended by the counsel for the petitioner that petitioner was employee of the factory. Three trucks of scrap went missing from the factory on
which complaint was field on 05.01.2017. The allegation in the F.I.R. were against the deceased. Deceased, thereafter, went missing and his body
was found on 11.01.2017. The deceased in his suicide note had mentioned that he was threatened by officers of the company.
It is contended that no offence under section 302 I.P.C. is made out as deceased consumed poison and there is no mark of injury on the person of
deceased. It is also contended that investigation was done under the supervision of Superintendent of Police. As per the police report, offence under
Section 306 I.P.C. is made out. It is further contended that custodial interrogation of petitioner is not required. Co-accused have been enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
I have considered the contentions.
Considering the contention put forth by counsel for the petitioner, the anticipatory bail application is allowed.
The Anticipatory Bail Application is allowed, however, petitioner is directed to appear before the Investigating Officer within one month from today,
failing which the criminal misc. anticipatory bail application shall stand dismissed without reference to the Bench. The S.H.O./I.O./Arresting
Authority, Police Station Bhiwadi, District Alwar in F.I.R. No.28/2017, is directed that in the event of arrest of the petitioner he shall be released on
bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to his satisfaction on the
following conditions:-
(I). that the petitioner shall make himself available for interrogation by a police officer as and when required;
(ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or any police officer, and
(iii). that the petitioner shall not leave India without previous permission of the Court.