Acharya Abhey Singh Kundu & ORS v. State Of Haryana

CRM-M 18105/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:03/06/2016.

Acharya Abhey Singh Kundu and others ............Petitioners vs State of Haryana .............Respondent CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Ashwani Bakshi,Advocate for the petitioners Mr.Kuldip Tiwari,Addl.AG Haryana assisted by PSI Anil Kumar.

Jaswant Singh,J(Oral) Prayer is for grant of anticipatory bail to accused petitioners Acharya Abhey Singh Kundu, Jitender and Acharya Sarvmitr Arya Chela Acharya Baldev in case FIR No.113 dated 13.3.2014 under Sections 147,148,149,188, 332,353,186,325,114,427, and 307 IPC,PS Civil Lines, Rohtak.

The elected governing body of Arya Pratinidhi Sabha,Haryana were agitating by taking out a procession against the ejectment of their head office under Section 146 Cr.PC.

The allegations against the petitioners are that they were leading mob which caused injuries to police officials. It was contended that the petitioners have been falsely implicated in this case only on the basis of general allegations and no overt act has been attributed to them. The investigation of the case has already been completed and challan has also been presented in the case. Petitioners RAJINDER PRASHAD JOSHI 2016.06.04 10:58 I attest to the accuracy and integrity of this document

CRM-M 18105/2016 are not required for any investigation at this stage and nothing is to be recovered from them. The petitioners were never arrested by the police after lodging of the FIR and were not even asked to join investigation. Now nonbailable warrants have been issued for 31.8.2016. It was further contended that the petitioners were ready to join investigation and that similar benefit had been granted to similarly placed accused Acharya Yashpal. Vide order dated 23.5.2016 while issuing notice of motion it was directed that in the event of surrendering before the trial court within 5 days, petitioners be released on interim bail. At the time of hearing today,learned counsel states that in compliance of the said order, petitioners surrendered before the trial court on 25.5.2016 and were released on interim bail. Learned State counsel on instructions is unable to refute the said factual position.

In view of the above interim bail granted by the trial court, pursuant to the order dated 23.5.2016, is made absolute. Disposed of.

03.06.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.06.04 10:58 I attest to the accuracy and integrity of this document