High Court of Punjab and HaryanaCRM-M/18503/2018allowed

Gajraj And ANR v. State Of Haryana

2018-08-24Mr. Justice Amol Rattan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-18503-2018 (O & M) Date of decision: 24.08.2018 Gajraj Singh and anr.

.... petitioners V/s State of Haryana ..Respondent(s)

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Abhishek Singla, Advocate, for Mr. K.P. Singh, Advocate, for the petitioners.

Mr. Ashok Singh Choudhary, Addl.A.G., Haryana. ***** GURVINDER SINGH GILL, J. (Oral) Petitioners seek grant of anticipatory bail in respect of FIR No.183 dated 21.03.2018 registered under Sections 323, 341, 452 and 506 IPC at Police Station Surajkund, District Faridabad. FIR was registered at the instance of Vivek Bhadana wherein it has been alleged that on the day of occurrence, the accused-Gajraj, Ashish and Mohit along with 4-5 persons entered into his house and attacked him and his father. It is alleged that Ashish was carrying a sua used for breaking ice and attacked him with the same and threatened to kill him and he was rescued by his father and brother Sumit. It is, further, alleged that, thereafter, accused started fighting with his brother and they somehow managed to escape and the accused hurled abuses and threatened them with dire consequences.

CRM-M-18503-2018 (O & M) ::2::

Notice of the petition was issued to the State. Mr. Ashok Singh Choudhary, Addl.A.G., Haryana, has put in appearance on behalf of the State. He, on instructions from HC Naresh Kumar, has informed that pursuant to directions issued by this court, petitioners have already joined investigation. It has also been informed by the learned State counsel that none of the injuries, found on the person of the complainant, has been found to be grievous. In fact, a perusal of the MLR itself shows that all the injuries are declared to have been caused by some blunt weapon. Having regard to the nature of the allegations and the nature of injures found on the person of the injured-complainant and also the fact that the petitioners have already joined investigation and further that the injuries, in question, are stated to be caused by non-applicant Ashish, the petition is hereby accepted. Interim directions issued by this court vide order dated 03.05.2018 are hereby made absolute subject to the conditions under Sections 438(2) Cr.P.C.

(GURVINDER SINGH GILL) August 24, 2018 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No