Rohit And Another v. State Of Haryana

CRM No.M-592 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 592 of 2018(O&M) Date of Decision: February 12 , 2018.

Rohit and another ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Gaurav Grover, Advocate for the petitioners.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioners in FIR No.1012 dated 26.10.2017 under Sections 323/354A/452/ 506/34 IPC, registered at Police Station Chandni Bagh, Panipat, District Panipat. It is submitted that the petitioners have been falsely implicated in this case. The aforementioned FIR, it is contended, has been registered as a counter-blast to FIR No.763 dated 16.08.2017 under Sections 148/149/323/452 / 506 IPC (Annexure P2) registered at the instance of petitioner No.1 against the husband of the present complainant and other family members. It is further submitted that as many as 12 persons have been named as accused by the Omkar Singh 2018.02.12 17:51 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-592 of 2018 -2complainant in the present FIR. The petitioners had suffered injuries in the incident which had occurred on 15.08.2017 in respect to which FIR No.763 dated 16.08.2017 was registered. The petitioners undertake to face the proceedings and not misuse the concession of anticipatory bail, if afforded to them. Therefore, it is prayed that this petition be allowed.

Learned counsel for the State, on instructions from ASI Rajender Singh, verifies the registration of FIR No.763 dated 16.08.2017 (Annexure P2) at the instance of petitioner No.1. The accused in the said FIR, it is informed, are on bail. The petitioners are not reported to be involved in any other criminal case.

There are no allegations on behalf of the State that the petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts before the Court, if released on bail. Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. In the event of arrest of the petitioners, they shall be released on bail to the satisfaction of the Arresting/Investigating Officer. Petitioners shall comply with the conditions stipulated in Section 438(2) Cr.P.C. It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) February 12 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.02.12 17:51 I attest to the accuracy and authenticity of this document Chandigarh