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2006 DIGILAW 1048 (PNJ)

Arvind v. State Of Haryana

2006-03-10

ADARSH KUMAR GOEL

body2006
Judgment 1. On 10.2.2006, the following order was passed:- "allegation against the petitioners is that they along with Hari om, Manoj and other accused assaulted the complainant on 11.1.2006 at 11.00 P. M. by going to his house. Petitioner No.1 was driving the indica car. " 2. Counsel for the petitioners submits that since there are simple injuries, offence is primarily bailable except for sections 506 and 324 IPC and the petitioners are willing to join investigation. It is submitted that the alleged motive is for Hari Om or Manoj, who are not seeking anticipatory bail and the allegations of the complainant ought not to be taken at the face value at this stage for arrest of the petitioners. 3. Counsel for the State submits that since the petitioners are said to have assaulted the complainant and threatened him, grant of anticipatory bail will obstruct investigation and in any case, the petitioners may be granted interim anticipatory bail for some period to enable the investigating agency to find out the truth and also to watch the conduct of the petitioners. Adjourned to 10.3.2006. 4. In the meanwhile, on being arrested, the petitioners will be granted interim bail by the Investigating Officer subject to their making themselves available for interrogation as and when required and not making any inducement, threat or promise to any person acquainted with the facts of the case and not leaving india without permission of the Court, and complying with such other conditions as may be laid down by the Investigating officer. " counsel for the petitioners submits that the petitioners have joined investigation and have not acted in any such manner, which may call for discontinuing the interim order at this stage. Without expressing any final opinion on merits, the petitioners are granted anticipatory bail till conclusion of investigation or three months whichever is later during which the petitioners will be free to apply for regular bail to the concerned court in accordance with law. 5. Without expressing any final opinion on merits, the petitioners are granted anticipatory bail till conclusion of investigation or three months whichever is later during which the petitioners will be free to apply for regular bail to the concerned court in accordance with law. 5. In the event of arrest, the petitioners will be released on bail on furnishing bail bonds to the satisfaction of the arresting officer within two weeks from today on the conditions that the petitioners will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; they will not interfere with the prosecution evidence directly or indirectly; they will not leave the country without the previous permission of the court; they will associate with the investigation as and when called by the police and that they will surrender the passport, if any. The petition is disposed of accordingly.