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Judgment
29 paragraphs · 313 wordsCRM No.27533 of 2017
The application is allowed. Complainant-Krishan Kumar is
hereby impleaded as respondent No.2 in this case. Amended memo of
parties is taken on record.
CRM No.M-21009 of 2017 (O&M)
Petitioners-Ravinder Singh and Nanita Devi have filed this
petition under Section 438 of the Code of Criminal Procedure, 1973 (for
brevity, '' Cr.P.C .'') for grant of anticipatory bail in case FIR No.174 dated
03.04.2017, registered at Police Station Bhiwani Sadar, District Bhiwani, under Sections 307, 323, 325 and 34 of the Indian Penal Code.
Notice of motion was issued. Learned State counsel as well as learned
counsel for respondent No.2 appeared and contested the petition.
I have heard learned counsel for the parties as well as learned
State counsel and have gone through the record.
From the record, I find that occurrence is stated to be of
01.05.2016 but the FIR has been got registered after about one year i.e.
03.04.2017. Secondly, it is a cross-version of a murder case. No injury has
been attributed to petitioner No.2-Nanita Devi. As it is a case of version and
cross-version, the trial Court is still to determine on the basis of evidence as
to who is the aggressor party as the FIR has been registered after one year of
the occurrence.
In pursuance of the interim order dated 02.06.2017, passed by
this Court, the petitioners have already joined the investigation. They are
not required for custodial interrogation. Therefore, no useful purpose will
be served by sending the petitioners to custody.
Keeping in view the facts and circumstances of the present
case; without discussing the facts of the case in minute details and without
expressing any opinion on the merits of the case, I find merit in this petition
and the same is allowed. The order dated 02.06.2017, granting interim bail
to the petitioners, is made absolute.
