Rahul Kumar v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- April 19, 2021 Rahul Kumar
...Petitioner
Versus
State of Punjab
...Respondent
Teja Singh
...Petitioner
Versus
State of Punjab
...Respondent
Baljeet Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. P.K.S. Phoolka, Advocate for the petitioner(s). Mr. J.S. Ghuman, DAG, Punjab.
*** The case has been taken up through Video Conferencing. My this order shall dispose of three petitions for grant of prearrest bail bearing CRM-M-9527 of 2021 filed by Rahul Kumar, CRM-M-
10158 of 2021 filed by Teja Singh and CRM-M-10598 of 2021 filed by Baljeet Singh, all of them being accused in F.I.R. No. 198 dated 20.11.2020 for 324, 148, 149 IPC and Section 326 was added later on vide DDR No. 33 dated 29.11.2020 registered with Police station Kotwali Bathinda, District, Bathinda.
Briefly stated the facts of the case as per prosecution story are that on 19.11.2020 at about 9 P.M in the area of near turning point Babian Wali Gali within jurisdiction of Police Station Kotwali, Bathinda accused Rami Singh, Teja Singh, Baljit Singh, Rahul and Sahil armed with sticks and swords intercepted the complainant and assaulted him causing multiple injuries to the complainant.
On matter being reported to the police, formal F.I.R was registered. Apprehending their arrest, the petitioners had approached the Court of Sessions at Bathinda seeking pre-arrest bail but were unsuccessful, as such they have approached this Court craving for grant of similar relief. On petitions being filed by them, they were granted interim bail with a direction to join the investigation.
I have heard learned counsel for the petitioners and learned State counsel besides going through the record. Learned counsel for the petitioners has contended that petitioners have since joined the investigation. Learned State counsel on instructions from ASI Gurmel Singh has conceded this fact further stating that no recovery is to be effected from the petitioners, as such their custodial interrogation is not required.
Under such circumstances, the interim bail granted to
petitioners Rahul Kumar on 1.3.2021, Teja Singh on 4.3.2021 and Baljeet Singh on 8.3.2021 is made absolute, subject to the following conditions:- (i) they shall join the investigation as and when so directed. (ii) they shall appear in the Court on each and every date of hearing.
(iii) they shall not give any threat or intimidation to the prosecution witnesses.
(iv) they shall not leave India without prior permission of the Court.
(v) they shall surrender their Passports before the Investigating Officer and if they are not having Passports then shall file the affidavits in that regard. In case the petitioners violate any term and condition on which the bail has been granted to them, the prosecution would be entitled to apply for cancellation of bail.
The petition stands allowed accordingly.
(H.S. MADAAN) JUDGE April 19, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No