Mohit And Another v. State Of Haryana





   
     
 



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81. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No.

Date Section(s) Polic e Statio n District Mohit, 27.08.2025 351(3), 333, 191(3), 190, Odhan Dabwali aged about 27 years 118(1), 115(2) of BNS, (Later on during the course investigation Section 117(2) BNS, was added)

2. As per allegations levelled in the FIR, accused persons, namely, Sohan Lal, Mohit, Rahul sons of Sohan Lal, Shimla Devi wife of Sohan Lal and Priyanka daughter of Sohan Lal came in front of the house of the complainant & threatened on account of not getting the plot registered in their name. By entering inside the house forcibly, all the accused persons armed with lathi, dande and gandasi attacked upon the complainantRam Kumar on his head, shoulder and arms. Counsel argues that just to increase the number of accused, all the family members have been implicated in the criminal case, including the petitioners, who both are sons of Sohan Lal. By reading out the FIR, counsel submits that no explanation has been given as to which of the accused inflicted what injury. Subsequently, by a supplementary statement, version has been improved by planting one injury caused by Mohit, to be grievous one, though, the said injuries are on the non-vital part i.e. right hand. Counsel contends that there are total seven injuries and rest of injuries are simple in nature.

3. Petitioners are ready to join investigation, and cooperate with the investigating agency, if protected from arrest.

4. Notice of motion.

5. On advance notice, learned State counsel puts in appearance on behalf of the respondent-State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report.

6. Adjourned to 08.12.2025.

7. In the meanwhile, the petitioners are directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioners shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioners shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

8. Besides, it is directed that petitioners would hand over their passport to the Investigating Agency or to Court concerned, if they possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

9. It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court.9

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