DINESH KUMAR SHARMA
Niranjan Singh – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Learned counsel for the petitioner submits that vide a detailed order dated 28.06.2021 the interim protection was granted by this court. Learned counsel for the petitioner further submits that the charge-sheet in the present case has already been filed and even the charges have been framed upon the petitioner. It has been stated that there is no allegation against the petitioner that he has violated the interim protection granted to him by this court.
2. Since the charge sheet has already been filed, interim protection granted vide order dated 28.06.2021 stands confirmed.
3. The petitioner be admitted to court bail on his furnishing a personal bond in the sum of Rs.20,000/- with one surety of the like amount subject to the satisfaction of the learned trial court, subject to the following conditions:
a) the petitioner shall not leave the city;
b) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
c) the petitioner shall provide his/her mobile number(s) to the Police Officer In Charge of the case and keep it operational at all times;
d) the petitioner shall d
The court's decision was based on the confirmation of interim protection and admission to court bail after the charge sheet had been filed and charges framed against the petitioner.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
The court has the discretion to make interim bail absolute based on the filing of the response and supplementary charge-sheet.
Dishonour of cheque and absconding of the petitioner led to the dismissal of the petition for anticipatory bail.
The main legal point established is the grant of anticipatory bail under Section 438 Cr.P.C. in a case involving serious allegations, with specific conditions to ensure cooperation in the investigati....
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
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