Ompal v. State Of Haryana

   

  

 


 






      



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   438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.72, dated 17.01.2017, registered at Police Station City Karnal, District Karnal, under Sections 420, 417, 336, 409, 315, 316, 34 and 120-B of the Indian Penal Code, Section 15(2) of the Indian Medical Council Act, Sections 3, 4, 5, 6, 9(4), 23 of PNDT Act and Sections 3, 4 and 5 of MTP Act.

Notice of motion was issued in this case. Learned State counsel put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. Learned counsel for the petitioner submits that on the similar set of allegations, the petitioner has already been summoned in a complaint case.

Rajesh Kumar 2017.09.26 14:25 I attest to the accuracy and integrity of this document

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 Moreover, the petitioner has already joined the investigation. He is not required for custodial interrogation. Therefore, no useful purpose will be served by sending the petitioner 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 23.08.2017, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.



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,&&! 0 Rajesh Kumar 2017.09.26 14:25 I attest to the accuracy and integrity of this document