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Judgment
29 paragraphs · 509 words@
Ajay Mohan Goel, J
Status report filed, which is perused and taken on record.
On instructions, learned Additional Advocate General submits that the petitioner has joined the investigation as and when directed by the
Investigating Officer. Further, as of now, no recovery etc. is to be effected at her instance. However, as per him, grant of anticipatory bail is not
warranted in the facts of the case.
I have heard learned counsel for the parties and also gone through the status report.
It is not in dispute that after the grant of bail, the petitioner has duly participated in the course of 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 01.12.2020, passed in FIR 160 of 2020, dated 22.11.2020, registered under Sections
323, 324, 341, 506 and 307 of the Indian Penal Code at Police Station Puruwala, Tehsil Paonta Sahib, District Sirmaur, H.P., is made absolute, subject
to the following conditions:
“i) Petitioner shall furnish personal bond in the sum of Rs. 10,000/ with one surety in the like amount to the satisfaction of concerned Chief
Judicial Magistrate/Additional Chief Judicial Magistrate/Judicial Magistrate, 1st Class, within a period of two weeks from today.
(ii) She shall make herself 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) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.
iv) She 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) She shall not leave the territory of India without prior permission of the Court.â€
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.
Petitioner is directed to file a hard copy of the petition alongwith other documents, if not filed earlier, with the Registry of this Court within a period
of two weeks.
Authenticated copy.