Surender And Another vs State Of Haryana And Another

Gurvinder Singh Gill, J

This order shall dispose of the aforesaid two petitions filed on behalf of the petitioners, Surender, Anil, Sumitra, Prem Devi, Bala Devi, Suman and Dhanna Devi @ Dhanpati seeking grant of anticipatory bail in respect of a case registered vide FIR No.8 dated 23.1.2019 at Police Station Satnali, District Mahendergarh, Haryana under Sections 147, 149, 186, 224, 225, 323, 332, 353, 354-B, 379, 427 and 395 of Indian Penal Code, 1860.

The allegations, in nutshell, as per FIR, are that on 22.1.2019, when the police party comprising of HC Virender Singh 2564, Amit 1545, Mahender 1214, Mukesh 1272, HC Sunil 79, Ram Niwas 261, MCT Mukesh 1257, MCT Sonia 691 and Pinki 489, which included officials of Rajasthan Police went in search of accused Sumer Singh S/o Shobha Ram, Caste Jat, Resident of Dallanwas, Police Station Satnali, who was wanted in connection with FIR No.253/18 registered at Police Station Buhana under Sections 420, 406, 467, 468 and 471 of Indian Penal Code, accompanied by complainant Ram Chander, the police party received information that the accused was present in the house of Surender. It is alleged that when the police party reached Surender's house, then the police party was obstructed by Surender S/o Shobha Ram, Balwan S/o Shobha Ram, Leelu S/o Sumer, Vikram S/o Sumer, Sajjan S/o Sumer, Dhanna W/o Balwan, Guddi W/o Surender, Prem W/o Shobharam, Bala W/o Shobha Ram, Monika D/o Surender, Rekha D/o Balwan, Pinki D/o Balwan, Amit S/o Sumer R/o Jamalpur, Suman W/o Bittu @ Anil, Kale W/o Vikram, Sumer S/o Shobha Ram, Sumitra W/o Surender, Sapna D/o Balwan, Munesh W/o Vikram and Bala D/o Shobha Ram in performance of their official duties and infact they even caused injuries to the members of the police party and also committed obscenity with a lady member of the police party and also damaged their vehicle.

The learned counsel for the petitioners has submitted that infact the complainant in order to malign the reputation of the petitioners in society had got the police in the house of the petitioners on the day when Surender's daughter Monika was to be married and infact even Surender and his daughter Monika have also been arrayed as an accused. It has further been submitted that even if the entire allegations as levelled in the FIR are taken to be correct, it was but natural for the family to have taken steps to go ahead with the marriage in the family, which had been scheduled for that day.

Opposing the petition, the learned State counsel has submitted that since some of the members of the police party have also sustained injuries although simple in nature, the allegations levelled in the FIR stand substantiated. It has, however, been informed that the petitioners have already joined investigation.

Having regard to the facts and circumstances of the case and without making any expression on the merits of the case, in my opinion, it is not a case warranting custodial interrogation. The petitions, as such, are accepted and the interim directions issued by this Court vide order dated 14.2.2019 and 3.4.2019 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

The present petitions stand accepted accordingly.