Dalbir vs State of Haryana

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR No. 176 dated 14.07.2009, under Sections 406/409/420/467/468/471/120-B IPC, registered at police station Badhra, District Bhiwani. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Bhiwani dismissing anticipatory bail application filed on behalf of the petitioner.

Coordinate Bench of this Court while issuing notice of motion on 24.01.2012 passed the following order:

Learned counsel for petitioner has submitted that Rajesh, Vidya Devi and Rohtash & another (co-accused of the petitioner) have already been granted the concession of anticipatory bail by this Court, by virtue of orders dated 11.03.2010, 11.05.2010 and 11.02.2011 (Annexure P-2) respectively.

Heard.

Issue notice as contemplated u/s 438(1-A) Cr.P.C. to the respondent, returnable for 14.03.2012.

Meanwhile, it is directed that in the event of arrest of the petitioner, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs. 20,000/- to his satisfaction. However, the petitioner is directed to join the investigation before the next date of hearing.

It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 24.01.2012.

It has also been stated by learned counsel for the State, on instruction from ASI Jai Singh, that petitioner has joined the investigation and that he is no more required for any custodial interrogation.

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.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Dalbir is accepted and order dated 24.01.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C. The present petition stands disposed of accordingly.