Loki @ Lokesh vs State Of Haryana

Arvind Singh Sangwan, J

The petitioner prays for grant of anticipatory bail in FIR No. 259 dated 27.07.2020, registered under Sections 323, 452, 506, 34 of the IPC (Section 307

IPC added later on) at Police Station Chandhut, District Palwal, Haryana.

The operative part of the order dated 12.10.2020, vide which the petitioner has been granted interim bail, is reproduced below:

“Learned counsel for the petitioner based on pleadings, submits that the petitioner has been falsely implicated in the present case. He further

submits that the FIR has been registered due to misunderstanding. Learned counsel then submits that there is no specific allegation in the FIR. He,

however, submits that as per the allegations in the FIR, nothing has been alleged as to what was the prior enmity.

Notice of motion.

On the asking of the Court, Mr. Rajiv Goel, DAG, Haryana, who is appearing through video conferencing, accepts notice on behalf of respondent-

State.

Learned State counsel, on instructions from ASI Dharaminder Singh, submits that the petitioner has allegedly caused injuries with the blunt weapon.

He further submits that there is another FIR, in which the petitioner was involved of the year 2017. He then submits that the injured remained

hospitalized and even was on the ventilator.

Faced with the situation, learned counsel submits that he has instructions from the petitioner that he would deposit Rs.1 lakh towards medical expenses

with the Investigating Officer concerned, which may be disbursed to the injured. Learned counsel also submits that the petitioner is ready to join the

investigation. He submits that because of COVID situation also, retention of the petitioner behind the bars would be dangerous to his 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 petitioner to join the investigation and appear before the Investigating Officer.

List on 19.02.2021.â€​

Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 12.10.2020, has joined the investigation and has also

deposited the amount of Rs. 1 Lakh with the Investigating Officer.

Learned counsel for the State, on instructions from ASI Dharminder Singh, 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 12.10.2020, is made absolute subject to the

conditions envisaged under Section 438(2) Cr.P.C.