Neeraj Kumar and Another vs State of Haryana

Nawab Singh, J.—This order disposes of above mentioned two pre-arrest bail applications u/s 438 of Code of Criminal Procedure filed by the Petitioners in case bearing First Information Report No. 7 dated January 4th, 2011 under Sections 406, 498A and 506 of Indian Penal Code, Police Station Line Par Bahadurgarh, District Jhajjar.

Prosecution was launched on the statement of Neetu Soni wife of Bhuvnesh against her husband Bhuvnesh and the Petitioners. Krishan Chand, Radha Devi, Neeraj Kumar and Shelja-Petitioners are father-in-law, mother-in-law, husband''s brother and husband''s brother''s wife respectively. The marriage between the complainant and Bhuvnesh was solemnized on February 14th, 1997. The operative part of the order passed by Ajay Tiwari, J. on February 9th, 2011 reads as under:

In the meanwhile arrest of the Petitioners shall remain stayed.

Learned State counsel and the counsel for the complainant have stated that Petitioners have joined the investigation and are not required for custodial interrogation.

This being so order dated February 9th, 2011 is made absolute to the effect that the Petitioners in the event of their arrest/surrender in the Court shall be released on bail by the arresting officer or such Court to its satisfaction till the challan/charge sheet is filed and till the application for regular bail to be preferred by the Petitioners is finally decided by the Court competent to try the case.

Trial Court or the Court of inquiry while dealing with the application for regular bail shall be guided by the observations made by this Court on the basis of evidence collected so far against the Petitioners. However, trial Court shall use its own discretion in rejecting the application for regular bail provided further evidence of complicity is collected or appears against the Petitioners after passing of this order by this Court.

Disposed of.