Anticipatory bail granted due to absence at the incident and compliance with investigation, emphasizing the need for cooperation and non-interference with witnesses.

ORDER :

KULDEEP MATHUR, J.

This anticipatory bail application under Section 482 of BNS S (438 Cr.P.C.) has been filed by the petitioner apprehending his arrest in connection with FIR No.566/2024, registered at Police Station Hanumangarh Junction, District Hanumangarh for the offences under Sections 309(6) , 126(2) , 115(2) , 117(2) and 61(2) (a) of BNS .

2. Learned counsel for the petitioner submitted that the FIR has been lodged with an ulterior motive only to falsely implicate the present petitioner who has no nexus with the whole incident. Drawing attention of the Court towards the FIR, learned counsel submitted that at the time when the alleged incident occurred, the petitioner was not even present at the place of incident and was discharging his official duties at the office premises. Learned counsel further submitted that the petitioner, in compliance of this Court’s order dated 22.10.2024, has already joined the investigation; no recovery is due to be made from the present petitioner and therefore, no fruitful purpose would be served by sending him behind the bars. On these grounds, he implored the Court to grant anticipatory bail to the petitioner.

3. Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, he was not in a position to refute the fact that the petitioner was not even present at the place of incident when the alleged incident occurred. He was also not in a position to refute the fact that the petitioner has already joined the investigation.

4. Heard the learned counsel for the parties and perused the impugned order as well as the FIR.

5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at Bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 482 of BNSS.

6. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner-Suresh Kumar Pareek S/o Shri Hari Krishan Pareek in connection with FIR No.566/2024, registered at Police Station Hanumangarh Junction, District Hanumangarh, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- each along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. 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.