The court may grant pre-arrest bail based on the petitioner's cooperation with the investigation agency and the lack of requirement for further custodial interrogation.

Headnote:
Pre-arrest Bail - Sections 506 & 34 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - The court granted pre-arrest bail to the petitioners based on their cooperation with the investigating agency and the fact that they were not required for further custodial interrogation, subject to compliance with specified conditions under Section 438(2) Cr. P.C.
Fact of the Case:

The petitioners sought pre-arrest bail in a case registered under Sections 506 & 34 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. They had joined the investigation and cooperated with the investigating agency.
Finding of the Court:

The court allowed the anticipatory bail petition, making the interim bail absolute, based on the petitioners' cooperation with the investigation agency and the fact that they were not required for further custodial interrogation.
Issues: The main issue was whether the petitioners should be granted pre-arrest bail in the case.
Ratio Decidendi: The court's decision was influenced by the petitioners' cooperation with the investigation agency and the fact that they were not required for further custodial interrogation.
Final Decision: The court granted anticipatory bail to the petitioners, subject to compliance with specified conditions under Section 438(2) Cr. P.C.

JUDGMENT

Aman Chaudhary, J. - The prayer in the present petition filed under Section 438 Cr.P.C. is for grant of pre-arrest bail to the petitioners in case FIR No.601 dated 11.10.2022, registered under Sections 506 & 34 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, at Police Station Urban Estate Hisar, District Hisar.

2. Learned counsel for the petitioners submits that in pursuance of order dated 2.11.2022 of this Court, the petitioners have not only joined investigation but have also fully cooperated with the investigating agency.

3. Learned State counsel affirms the factum of joining the investigation by the petitioners and cooperating with the investigation agency. He also submits that at this stage, the petitioners are not required for further custodial interrogation.

4. In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioners is allowed and the order dated 2.11.2022 granting interim bail to the petitioners, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C

5. However, it is made clear that if the petitioners fail to join and cooperate with the investigation agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to them.

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