GURVINDER SINGH GILL, J . (Oral)

1. The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR.

2. The following order was passed on 1.5.2024 by a Coordinate Bench of this Court:

“The present petition has been preferred seeking grant of anticipatory bail to the petitioner in case FIR No.06 dated 11.02.2024 (Annexure P-1) under Sections 307, 341, 323, 379-B, 148, 149 and 506 of IPC of 1860 registered at Police Station City Raikot, District Ludhiana Rural.

Learned counsel for the petitioner submits that as per the status report submitted by the learned State counsel, the allegations levelled ( 2 ) against the petitioner are that the petitioner gave a blow of kirpan on the head of the complainant but the complainant raised his hand in defence and the blow hit his right hand, however, the said injury has been found to be simple in nature by the Doctor.

Learned State counsel has clarified that a grievous injury was attributed to the co-accused Ravinder Singh @ Gandhi, but he has been absconding.

Learned counsel for the petitioner has reiterated that the petitioner is a young boy aged 21 years and has been falsely entangled in the present FIR and also has absolutely clean antecedents.

However, learned State counsel has further submitted that the petitioner was the one who snatched the gold chain, which also needs to be recovered.

After hearing learned counsel for the parties and the assurance by the counsel for the petitioner that the petitioner shall cooperate in the investigation and get the recoveries effected, the petitioner is directed to join investigation on 13.05.2024 at 11:00 A.M. before the Investigating Officer and cooperate with the Investigating Agency, even thereafter.

In the event of arrest, the petitioner be released on interim bail subject to furnishing personal/surety bonds to the satisfaction of the Arrested/Investigating Officer and the petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Adjourned to 31.05.2024 . It is made clear that this order shall not be treated for parity qua the other co-accused.”

3. Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions, the petitioner has since joined investigation, but a gold chain alleged to have been snatched by the accused is yet to be recovered. It has been informed that the petitioner otherwise is not involved in any other case. ( 3 )

4. Having considered the facts and circumstances of the case particularly the fact that the petitioner has already joined investigation and is not involved in any other case, his custodial interrogation is not justified. The mere fact that some gold chain has not been recovered, cannot be made a ground for dismissing the anticipatory bail particularly when a co-accused Manpreet Singh @ Manpreet Uppal has already been granted bail vide order dated 16.5.2024 passed in CRM-M-17819-2024.

5. The instant petition, as such, is accepted and the interim directions issued by this Court vide order dated 1.5.2024 are hereby made absolute, subject to the condition that the petitioner 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.

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