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2021 DIGILAW 1385 (PNJ)

Vikram v. State Of Haryana

2021-07-22

AVNEESH JHINGAN

body2021
JUDGMENT Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation. 2. This is a petition under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 197 dated 21.6.2021, under Sections 323 and 506 read with Section 34 IPC (Section 325 IPC added later on), registered at Police Station Badli, District Jhajjar. 3. The FIR was at the behest of Santra. As per allegations, on 29.6.2021, a confrontation took place between her son-Lokesh and his uncle-Sandeep, Vikram and Vikash. The cause for the incident was the partition of land. As per the allegations, Vikram gave a brick blows on the left hip of complainant and thereafter gave a threat to kill her. 4. Learned counsel for the petitioner argues that it is a family dispute and in the heat of moment, things went out of hands. 5. Learned counsel for the State, on instructions from HC-Yudhvir submits that there are as many as five injuries including hair line fracture and recovery of the brick used to inflict injury is to be made. 6. The dispute is between relatives for partition of land. Though there is a hair line fracture, mainly the injuries sustained are simple in nature. Considering the facts and circumstances in totality, the petitioner is granted anticipatory bail subject to his joining investigation within two weeks. In the event of his arrest, the petitioner shall be released on bail subject to his furnishing adequate bail bonds to the satisfaction of the Arresting Officer. He is directed to join the investigation as and when called for. He shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. 7. The petition is allowed. 8. In case of failure of petitioner to join the investigation, the State would be at liberty to file an application for re-calling of this order.