Baldeep Singh alias Deep vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. 32, dated 21.5.2011, under Sections 457, 380, 120B IPC, registered at Police Station Bariwala, District Sri Muktsar Sahib.

I have heard learned counsel for the parties and have gone through the whole record carefully.

This Court while issuing notice of motion on 12.1.2012, passed the following order:

Contends that dispute was between co-accused Mandeep Kaur and her husband, i.e., complainant Gurpreet Singh. Further contends that in the earlier complaint, no allegation was made against the present petitioner-accused and that the allegations were made against co-accused Mandeep Kaur only. Further contends that petitioner has been falsely implicated in this case just on suspicion that he was having illicit relations with wife of complainant, whereas marriage of complainant was performed with Mandeep Kaur about six years ago and they have two children. Further contends that co-accused Mandeep Kaur has already been arrested.

Notice of motion to Advocate General, Punjab, for 3.2.2012.

However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

It has been stated by learned counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation.

It has been stated by learned State counsel as well, on instructions from HC Iqbal Singh that the petitioner has joined the investigation and that he is no more required for any custodial interrogation by the police.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

In view of these facts and without expressing any opinion on the merits of the case, order dated 12.1.2012, granting interim bail to petitioner-Baldeep Singh alias Deep, is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C.

The present petition stands disposed of accordingly.