Anuj vs State Of Haryana

Gurvinder Singh Gill, J

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.61 dated 11.02.2020 at Police Station Kanina, District Mahendergarh, under Sections 148, 149, 323, 324, 452, 506, 326, 307 IPC.

The FIR in question was lodged at the instance of Dharambir Singh, wherein it is alleged that on 11.02.2020, when he along with his brother Krishan Kumar was present in his house, then Prittam @ Palar, Sonu, Situ, Krishan, Naveen, Gaurav, Anuj (petitioner), Satye, Sandeep, Ashish and Chutka entered into his house while raising noise. The complainant saw that four out of the said persons, namely, Naveen, Krishan, Sonu and Sittu caught hold of his brother and Prittam, who was armed with an axe, inflicted a blow with the same on the head of his brother.

Learned counsel for the petitioner has submitted that although he is named in the FIR, but he is neither stated to be armed with any weapon nor is attributed any injury.

Opposing the petition, learned State counsel has submitted that during the course of investigation, it has surfaced that the petitioner had also given fist and kick blows to the injured.

I have considered rival submissions addressed before this Court.

Having regard to the fact that the FIR is absolutely silent as regards the role of the petitioner and it is not even shown to this Court that the injured has sustained a large number of injuries, the petition is accepted. The petitioner, in the event of arrest, is ordered to be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C.