Rakesh Kumar and Another vs State of Haryana

Mehinder Singh Sullar, J.—Petitioners-Rakesh Kumar and Vicky @ Sudhir sons of Mahavir, have preferred the instant petition for the grant

of anticipatory bail in a case registered against them, vide FIR No. 176 dated 16.05.2013, on accusation of having committed the offences

punishable under Sections 323, 324, 452 and 506 read with Section 34 IPC, by the police of Police Station Farakpur, District Yamuna Nagar,

invoking the provisions of Section 438 Cr.P.C. Notice of the petition was issued to the State.

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 for anticipatory bail deserves to be accepted in this context.

During the course of preliminary hearing, the following order was passed by this Court on July 25, 2013:-

Learned counsel, inter alia, contended that only role assigned to Rakesh Kumar (petitioner No. 1) was that he has inflicted simple injuries on the

left leg of the complainant, whereas Vicky @ Sudhir (petitioner No. 2) gave slaps and fist blows. The argument is that it is a case of version and

cross version, in which, both the petitioners sustained multiple grievous/dangerous to life injuries.

Heard.

Notice of motion be issued to the respondent, returnable for 13.08.2013.

Meanwhile, the petitioners are directed to join the investigation before the next date of hearing. In the event of their arrest, the Arresting Officer

would admit them to bail on their furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- each to his satisfaction.

According to the investigating officer, the petitioners have not joined the investigation. But petitioners have filed their respective affidavits that

they have joined the investigation and even investigating officer has obtained their signatures, in this regard. Taking into consideration that since no

role is attributed to petitioner No. 1, whereas only fists and slap blows are attributed to petitioner No. 2, so, they are otherwise entitled to the

concession of pre-arrest bail. Moreover, all the offences alleged against the accused are triable by the Court of Magistrate. Even, since the

prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.

In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-

in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioners by this Court, by virtue of order

dated July 25, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 438(2) Cr.P.C.

However, petitioners are directed to join the investigation as and when required to do so by the Investigating Agency, failing which the prosecution

would be at liberty to move a petition for cancellation of their bail, in this respect.