Gurdev Singh and Another vs State of Punjab

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR no. 46 dated 03.04.2013, under Sections 498A /406 IPC, registered at police station Bhawanigarh, District Sangrur. 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, Sangrur dismissing anticipatory bail application filed on behalf of the petitioners.

Coordinate Bench of this Court while issuing notice of motion on 26.04.2013 passed the following order:-

Contends that the petitioners are parents-in-law of the complainant and noticing the propensity of complainants to implicate as many family members as possible in these kind of cases, possibility of false implication cannot be ruled out.

Notice of motion for 11.7.2013.

At this stage, Mr. Munish Singla, Advocate, who is present in Court, appears on behalf of the complainant. In the meantime, the arrest of the petitioners shall remain stayed subject to the following conditions:-

i) They will make themselves available for investigation as and when required to do so.

ii) They will not leave the country without the prior permission of the Court.

iii) They will 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 official.

It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 26.04.2013.

It has also been stated by learned counsel for the State, on instruction from HC Sarabjit Singh, that petitioners have joined the investigation and that they are no more required for any custodial interrogation. Bail application is not opposed.

However, bail application has been opposed by learned counsel for complainant.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are 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 Gurdev Singh and Bhajan Kaur @ Harbhajan Kaur is accepted and order dated 26.04.2013 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.