Naresh Kumar and Others 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. 946 dated 26.10.2010, under Sections 447/511/323/506/420 IPC, registered at Police Station city Karnal.

I have heard learned Counsel for the parties and have gone through the whole record.

This Court while issuing notice of motion on 30.11.2010 passed the following order:

Crl.M. No. 62339 of 2010

Application is allowed subject to all just exceptions.

Crl.M. No. M-35076 of 2010

Contends that dispute between the parties is purely civil in nature and civil suit for permanent injunction was also filed, which is pending adjudication and the case is also based upon documentary evidence. Notice of motion for 16.12.2010. However, Petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Code of Criminal Procedure At this stage, Mr. Durgesh Aggarwal, Advocate, puts in appearance on behalf of the complainant

It has been stated by learned Counsel for the Petitioners that they have already joined the investigation pursuant to said order dated 30.11.2010.

It has also been stated by learned Counsel for the State that Petitioners have joined the investigation and that they are only required for taking their specimen signatures and hand writing and that Petitioners are not required for any custodial interrogation.

It has been stated by learned Counsel for the Petitioners that they are ready to give their specimen signatures and hand writing. 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.

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

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 Naresh Kumar, Monti and Suresh Kumar @Babloo is accepted and order dated 30.11.2010 granting interim bail in favour of the Petitioners is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Code of Criminal Procedure and subject to the condition that they will give their specimen signatures and hand writing.

The present petition stands disposed of accordingly.