Rambir Singh vs State of Haryana

Ram Chand Gupta, J.—The present petition has been filed by Petitioner Rambir Singh u/s 438 Code of Criminal Procedure seeking anticipatory bail in case FIR No. 252 dated 5.8.2010 registered under Sections 323, 452, 386, 387, 506, 148, 149, 120B IPC and Section 25 of the Arms Act at Police Station Safidon, District Jind.

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

This Court while issuing notice of motion on 15.11.2010 passed the following order:

Crl.M.No.55071 of 2010

Application is allowed subject to all just exceptions.

Crl.M. No. M 30806 of 2010

Contends that Petitioner, co-accused and complainant were depot holders in the same block Safidon, and that one complaint was made by co-accused Sarwan and Rambir against the complainant, which was enquired into by DSP, Safidon, who gave report against the complainant. Further contends that complainant was having grudge against the Petitioner and the co-accused and that false FIR has been lodged against the Petitioner and the co-accused. Further contends that it is a case of no injury and that no recovery is to be effected from the present Petitioner. Further submitted that on the similar facts, co-accused Sarwan, Parvesh and Mukesh have already been granted anticipatory bail by this Court in Crl. Misc. Nos. 28876 of 2010.

Notice of motion for 3.12.2010.

However, Petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

It has been stated by learned Counsel for the Petitioner that he has already joined the investigation pursuant to said order dated 15.11.2010.

It has also been stated by learned Counsel for the State that Petitioner has joined the investigation and that he is no more required for any custodial interrogation.

There are no allegations on behalf of the State that Petitioner is likely to abscond or that he is 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 Petitioner Rambir Singh is accepted and order dated 15.11.2010 granting interim bail in favour of the Petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Code of Criminal Procedure