O P GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for both the parties. Mr. Dhankar has filed the copy of the application submitted in the Court of Sessions Judge, Bharatpur for granting of bail along with 12 Annexures. These photo -stat copies of 12 Annexures were also submitted in the Sessions Court. I have perused the Annexures as well as the order of the Sessions Judge. The learned Sessions Judge in his order mentioned that whatever evidence collected by Investigating Officer till this date in the case under Section 420 IPC is not made out. He, therefore, granted anticipatory bail but put a rider on that order. The learned Sessions Judge directed that if the Investigating Officer after investigation arrived at the conclusion that the petitioner has cheated the students and committed fraud, in that case they are empowered to arrest him.

(2.) I fail to understand the rider while granting the bail application. At this moment no case is made out under Section 420 IPC. The petitioner has filed a number of documents to show that he is running this institution bonafide. The petitioner has tried the University of Rajasthan Jaipur for affiliating this institution and he has deposited affiliation fees also. All other documents indicate that the petitioner is running an institution bonafide. If after completing the investigation, the police finds that the case under Section 420 is made out, then challan can be filed in the Court and the Court will summon the petitioner.