Mohit vs State of Haryana

Mehinder Singh Sullar, J.—Petitioner Mohit son of Roop Ram has preferred the instant petition for the grant of anticipatory bail in a case, registered against him along with his other co-accused, vide FIR No. 87 dated 31.8.2012 (Annexure P1), on accusation of having committed the offences punishable under sections 148, 323, 354, 427 and 506 read with section 149 IPC by the Police of Police Station Buria, District Yamuna Nagar, invoking the provisions of section 438 Cr.P.C. Notice of the petition was issued to the respondent.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition deserves to be accepted in this respect.

During the course of preliminary hearing, a Coordinate Bench of this Court (M.M.S. Bedi, J.), passed the following order on 5.12.2012:-

Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Sohan Lal alleging that on August 31, 2012, the petitioner as a member of unlawful assembly assaulted the complainant and his family members and tried to outrage the modesty of his wife Surjit Kaur and sister-in-law Usha Rani.

Counsel for the petitioner submits that no specific injury has been attributed to the petitioner and that the allegations against him are vague. Co-accused of the petitioners have been granted the concession of interim relief in pre-arrest bail petitions.

Notice of motion for January 9, 2013.

Meanwhile, an interim direction is issued that the petitioner will join investigation on or before December 15, 2012 and in case of his doing so, he will be released on interim bail to the satisfaction of the arresting officer.

At the very outset, the learned State counsel, on instructions from ASI Dal Singh, has acknowledged the factual matrix and stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. Moreover, no specific injury is attributed to him.

In the light of aforesaid reasons and taking into consideration the totality of the facts & circumstances, emanating from the record, as described here-in-above, the instant petition is hereby accepted and the interim bail already granted to the petitioner, by virtue of order dated 5.12.2012 is made absolute, subject to compliance of conditions as envisaged u/s 438(2) Cr.P.C. Needless to mention that in case the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this relevant direction.