Baljeet Singh vs State Of Haryana

Arvind Singh Sangwan, J

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No. 266 dated 09.11.2020, registered under Sections 323, 324, 354, 506, 34 of the IPC at Police Station Saha, District Ambala.

The operative part of the order dated 15.02.2021, vide which the petitioner has been granted interim bail, is reproduced below:

"Learned counsel for the petitioner submits that though as per allegations in the FIR, the petitioner is attributed an axe blow, which hit thumb of right foot of the victim, however, the petitioner is ready to pay an amount of Rs.25,000/- to the victim towards medical expenses without prejudice to his right of defence.

Notice of motion for 24.03.2021.

To be listed along with CRM-M-39163-2020.

In the meantime, the petitioner is directed to appear before the Investigating Officer within a period of 10 days to join investigation and he shall be released on interim bail on furnishing bail/surety bonds subject to the following conditions:- 1. He shall make himself available for interrogation by a police officer as and when required; 2. He 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 to any police officer; and 3. He shall not leave India without previous permission of the Court.

The petitioner will hand over the demand draft of Rs.25,000/- favouring the victim to the Investigating Officer, towards medical expenses, without prejudice to his right of defence, which will be further handed over to the victim."

Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 15.02.2021, has joined the investigation and has also handed over a demand draft of Rs. 25,000/-, favouring the victim, to the Investigating Officer towards the medical expenses of the victim.

Learned counsel for the State, on instructions from the Investigating Officer, assisted by learned counsel for the complainant, has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.

In view of the above, the petition is allowed and the interim bail granted to the petitioner, vide order dated 15.02.2021, is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

The Investigating Officer will ensure that the aforesaid demand draft is handed over to the victim, if not done so far, within a period of one week from today.\