While delivering his verdict, Justice Gupta took note of the fact that on the last date of hearing, ie October 7, the petitioners were directed to join the investigation on receipt of notice by the CBI. However, no notice calling upon the petitioners to join investigation has been issued till date.
The Court further held, “ It is not disputed that in the investigation conducted so far, there is not even a pointer of involvement of petitioners in the crime in this case. Some lapse or negligence on the part of school management or even of the trustees or other office bearer of the school if found at any point of time, may not be a pointer towards their complicity in commission of murder of a school student, until and unless there is some substantial evidence of their involvement in this crime.”
Given the fact that there was no new evidence implicating the petitioners in the crime, the Court decided to grant the trustees anticipatory bail, on the following conditions:
“(i) that the petitioners shall make themselves available for interrogation by the investigating agency as and when required;
(ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to investigating agency;
(iii) that the petitioners shall not leave India without the prior permission of the Court.
(iv) that the petitioners will seek regular bail on the presentation of challan in Court.”
Source- Bar and Bench