JUDGMENT Mr. Mehinder Singh Sullar, J.(Oral) - The petitioner has preferred the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, vide FIR No.351 dated 12.07.2014, on accusation of having committed the offences punishable under Sections 342, 354-A, 506, 120- B IPC and Section 25 of The Arms Act, by the police of Police Station Camp Palwal. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. 4. During the course of preliminary hearing, the following order was passed on September 25, 2014 by this Court:- “ Learned counsel, inter alia, contended that the complainant is in the habit of involving innocent persons in such cases and complaints (Annexures P-1 & P-3) have already been moved against her by different persons in this regard. The argument is that the petitioner has been falsely implicated in this case by the complainant, on account of previous enmity. Adjourned to 17.10.2014 for arguments, at the request of counsel for the petitioner. Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs.25,000/- to his satisfaction.” 5. At the very outset, on instructions from SI Mam Chand, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. There is no history of his previous involvement in any other criminal case. Moreover, all the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the conclusion of trial will naturally take a long time. 6.
There is no history of his previous involvement in any other criminal case. Moreover, all the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, the instant petition for anticipatory bail is accepted. The interim (provisional) bail already granted to the petitioner, by virtue of indicated order of this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for pre-arrest bail. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail in this Court. ---------0.B.S.0------------ —————————