KEHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner-Kehar Singh son of Ram Dia, has filed this petition under Section 438 of the Criminal Procedure Code (hereinafter referred to as 'the Code') for grant of anticipatory bail in FIR No. 404 dated 30.9.2008, registered at Police Station Assandh, District Karnal, under Sections 323, 324, 325/34 and 302 IPC. It is not disputed that during the investigation, he was found to be innocent and was not challaned and subsequently he was summoned to stand his trial alongwith other accused after the prosecution moved an application under Section 319 of the Code. It has also not been disputed that only lalkara was attributed to him and one of the co-accused, to whom simple injury was attributed to the deceased with the help of a sword, has already been granted bail. The present petitioner stands on better footing. Vide order dated 17.2.2010, he was ordered to be released on bail in case he surrenders before the trial court. He is to move an application for regular bail before the trial court and shall not be arrested till the decision of that application. The petition is disposed of accordingly. Petition disposed of.