Aakash Bhadana And Another vs State Of Haryana

Raj Mohan Singh, J

The case has been taken up for hearing through video conferencing.

The petitioners seek grant of anticipatory bail in case bearing FIR No.353 dated 05.09.2020 registered under Sections 406, 420, 467, 468, 471, 506,

120-B IPC at Police Station District Dabua, District Faridabad.

Notice of motion was issued on 24.09.2020 by passing the following order:-

“This petition is by the petitioners Aakash Bhadana aged 22 years and Vikas Bhadana aged 20 years INTER ALIA with a prayer for grant of

anticipatory bail in case FIR No.353 dated 05.09.2020 under Sections 406/420/467/468/471/506/120-B IPC registered at PS Dabua, District Faridabad.

Learned counsel based upon the pleadings submits that though not admitted, but as per the allegations in the FIR, a total of Rs.25,55,000/- was

deposited by the complainant side which amount was actually handled by the father of the petitioners. These transactions are allegedly starting from

December, 2018. He then submits that in December, 2019 itself, Rs.8 lakhs was returned to the complainant party through Panchayat.

Learned counsel then submits that in order to show their BONA FIDES, he has instructions from the petitioners and their family members that they

would deposit Rs.8 lakhs with Investigating Officer within one month from today. He submits that the family with great difficulty is able to collect the

amount because huge expenses were incurred on the medical treatment of the maternal uncle of the petitioner who ultimately died on 01.11.2019.

Notice of motion.

On the asking, Mr. Rajiv Goel, DAG Haryana accepts notice through video conferencing. He submits that the petitioners do not deserve the

concessions of anticipatory bail as huge amount was transferred in the accounts of the petitioners also.

Learned counsel for the petitioners submits that because of COVID situation also, retaining of the petitioners behind the bars would be dangerous to

their life.

Without commenting upon the merits of the case and without recording any opinion, in the peculiar facts and circumstances of the present case, this

Court deems it appropriate to direct the petitioners to join the investigation and appear before the Investigating Officer.

List on 11.12.2020

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal/surety bonds to the satisfaction of the

Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and cooperate with the

Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) CrPC.

In addition to the bail bonds/surety and in pursuance to the offer made by counsel for the petitioners, they would deposit Rs.8 lakhs with Investigating

Officer within ONE MONTH from today which shall await further orders by the trial Court.

(Girish Agnihotri) Judgeâ€​

Learned counsel for the petitioners submits that the in compliance of the aforesaid order, the petitioners have joined the investigation and have also

deposited an amount of Rs.8 lacs with the Investigating Officer within time prescribed.

Learned State counsel on instructions from ASI Kamal Jit Singh submits that the petitioners have joined the investigation on 20.10.2020 to the entire

satisfaction of the Arresting Officer and they are not required for further investigation in the case. Learned State counsel also admitted the factum of

deposit of amount of Rs.8 lacs with the Investigating Officer.

In view of above, order dated 24.09.2020 is made absolute. However, petitioners are directed to join the investigation as and when required to do by

the Investigating Officer and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.