ARVIND SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners seek anticipatory bail in case bearing F.I.R No. 481 dated 11-10-2001 under Sections 323/452/506 of the Indian Panel Code, registered at police Station, Sector 7, Faridabad.

(2.) The present case was registered on the statement of Gurvinder Kaur. The incident had taken placed on 11-10-2001 at 1:30 P.M. The house of the complainant was in Sector 7-B, Faridabad. Mason was working at the house of the complainant when A.K. Sikarwwal r/o H.No 671. Sector 7-B. Faridabad came and started abusing the Mistri. Complainant was also abused and pushed by him as a result of which she fell down. Her hands were also twisted by A.K. Sikarwal. In the meantime, father of A.K. Sikarwal came there and the matter was compromised. After sometime, the petitioners also came there and entered into the house of the complainant and caught hold of her neck and slapped her. She was also hit on her forehead by them and because of the push given to her, she fell down. She was dragged by Devinder who used obscene words. She was separated by the mason and Sis Ram. Complainant suffered simples injuries. The case is still under investigation. The counsel representing the petitioner/accused while pressing for bail has stated that the incident had taken place between the complainant and the family of the petitioners on account of breaking a stone with a hammer and Chhaini by the worker employed by the complainant. D.D.R. dated 11-10-2001 was also recorded by Narinder Singh petitioner which indicates that complainant had also inflicted injuries on the person of petitioner No. 2. It has been further urged that complainant took a gun to kill petitioner No. 2 and the report regarding this incident was also recorded on 11-10-2001 at 9:35 P.M. at the behest of Narinder Singh - petitioner No. 2. His further contention is that false version has been put up by the complainant.

(3.) The State counsel while opposing the bail application has not disputed that initially daily dairy report was recorded at the behest of Gurvinder Kaur and subsequently on the same date daily dairy report was also recorded at the instance of Narinder Singh. He has also submitted that presence of the petitioners (accused) is not required for custodial interrogation during investigation of the case.