Ramjeevan Dagar vs State of Haryana

Ram Chand Gupta, J.—The present petition has been filed by Petitioner Ramjeevan Dagar u/s 438 Code of Criminal Procedure seeking anticipatory bail in case FIR No. 23 dated 28.10.2009 registered under Sections 397 & 120B IPC (Sections 411, 188 IPC added later on) and Section 13(1)(d) of the Prevention of Corruption Act at Police Station SVB Gurgaon.

I have heard learned Counsel for the parties and have gone through the whole record carefully.

This Court while issuing notice of motion on 1.7.2010 passed the following order:

Crl.M.No.32020 of 2010

Application is allowed subject to all just exceptions.

Crl.M.No.M 18058 of 2010

Argues that no recovery of alleged stones extracted by illegal mining has been recovered from the Petitioner and rather Petitioner is having legal licence to run a stone crusher which was given on lease by the Petitioner to Shalende Kumar s/o Shish Ram, vide a written rent agreement/ lease deed. Hence, it is contended that Petitioner is having no concern with the alleged illegal mining and rather stones, used tobe crushed at the crusher leased out by him used to come from Rajasthan. It is further contended that on similar facts co-accused Ajay Pal alias Kalu has already been granted interim bail by this Court in Crl.M. No. M 18034 of 2010.

Notice of motion for 5.7.2010.

However, Petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Code of Criminal Procedure

To be heard alongwith Crl.M. No. M-18034 of 2010.

It has been stated by learned Counsel for the Petitioner that he has already joined the investigation pursuant to said order dated 1.7.2010.

It has also been stated by learned Counsel for the State that Petitioner has joined the investigation and that he is no more required for any custodial interrogation.

There are no allegations on behalf of the State that Petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Petitioner Ramjeevan Dagar is accepted and order dated 1.7.2010 granting interim bail in favour of the Petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Code of Criminal Procedure