JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. This is an application for grant of anticipatory bail filed under Section 438 of the Code of Criminal Procedure (Cr.PC) in FIR No.0406/2022 registered under Section 323/341/506/34 IPC at PS Badarpur.

2. The FIR was lodged on the application of Mr. Sohan s/o Pancha Ram alleging therein that on 05.09.2022 at around 8.30 a.m. while he was going to gym, the accused persons i.e. Harsh Kumar @ Tinku s/o Raj Kumar, Gaurav s/o Rohtash and Rahul s/o Udal came in white colour car and attached him. The accused persons were armed with Danda and iron rods. The complainant alleged that he was assaulted on his hands and legs with iron rod and danda on account of which he suffered injuries and was taken to hospital.

3. Initially, an FIR was lodged under Sections 323/341/506/34. Admittedly, the petitioner was admitted to police bail by the Investigation Officer (IO) as the offences were bailable in nature. It is also not disputed that the petitioner was joining the investigation in pursuance to the notice under Section 41A Cr.PC. However, subsequently, Section 325 IPC was added as the injuries were opined to be grievous in nature. The petitioner inst