JUDGMENT

Arun Kumar Tyagi, J. - CRM-19303-2021

For the reasons mentioned in the application, the same is allowed and the applicant/complainant is allowed to be impleaded as respondent No.2 in the present petition.

CRM-19302-2021

2. For the reasons mentioned in the application, the same is allowed and amended memo of parties and reply filed by respondent No.2-complainant are taken on record.

CRM-19299-2021

3. For the reasons mentioned in the application, the same is allowed and respondent No.2-complainant is exempted from filing certified/true typed copies of Annexures R-2/1 to R-2/3 and photocopies of the same are taken on record.

CRM-M-12193-2021

4. The petitioner has filed the present petition under Section 438 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for grant of anticipatory bail in case FIR No.80 dated 06.07.2020 registered under Sections 353, 186, 323, 506, 427, 148 read with Section 149 of the Indian Penal Code, 1860 (for short 'the IPC') in Police Station Badali Ala Singh, District Fatehgarh Sahib to which Sections 332 and 308 of the IPC were added lateron (offence under Section 308 of the IPC held not made out vide order dated 24.02.2021).

5. While issuing notice of motion on 17.03.2021, this Court had granted interim anticipatory bail to the petitioner with direction to join the investigation and the relevant part of the said order reads as under:-

"Learned Counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. The petitioner was not named in the FIR. As per the prosecution version, the petitioner was not armed with any weapon and no injury much less the injury attracting Section 308 of the IPC is attributed to the petitioner. Co-accused Amandeep Singh @ Aman and Mandeep Singh have already been granted regular bail vide order dated 02.12.2020 passed by this Court. The petitioner is ready to join the investigation and his custodial interrogation is not required in the case.

Notice of motion.

Pursuant to supply of advance copy of the petition, Mr.P.S. Walia, Asstt. AG, Punjab has appeared and accepted notice on behalf of the respondent-State.

At this stage, Mr. Arvind Kashyap, Advocate has appeared on behalf of the complainant.

Learned State Counsel and learned Counsel for the complainant seek time to file reply.

Adjourned to 16.07.2021.

In the meanwhile, the petitioner is directed to join the investigation as and when called upon to do so. In the event of his arrest, the petitioner shall be released on interim anticipatory bail by the arresting officer/investigating officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer. The petitioner shall comply with the conditions enumerated under Section 438(2) of the Cr.P.C. failing which he shall not be entitled to the protection of interim anticipatory bail allowed to him."

6. The petition has been opposed by respondent No.1-State in terms of reply filed by way of affidavit of Sh. Sukhminder Singh Chauhan, Deputy Superintendent of Police, Bassi Pathana, District Fatehgarh Sahib in the Registry which is taken on record.

7. The petition has also been opposed by respondent No.2- complainant in terms of reply filed.

8. I have heard learned Counsel for the petitioner, learned State Counsel and learned Counsel for the complainant and have gone through the record.

9. Learned Counsel for the petitioner has, while reiterating submissions made on 17.03.2021, submitted that in compliance with order dated 17.03.2021, the petitioner has joined the investigation and he may be granted anticipatory bail as his custodial interrogation is not required in the case.

10. Learned State Counsel has vehemently opposed the petition and submitted that in view of gravity of accusation, the petitioner does not deserve grant of anticipatory bail. Therefore, the petition may be dismissed.

11. However, learned State Counsel has, on instructions from S.I. Raman Singh, acknowledged that in compliance w