RAKESH KUMAR AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for grant of anticipatory bail to the petitioners, namely, Rakesh Kumar, Vipan Kumar and Naresh Kumar, who have been booked for having committed the offences punishable under Sections 148, 323, 324, 326 and 452 read with Section 149, IPC, in a case arising out of FIR No. 97, dated 13.5.2013, registered at Police Station, Guruharsahai, District Ferozepur. Learned counsel contends that though the case has been registered against the petitioners for the offence punishable under Section 452, IPC also but the Investigating Officer had doubted the version of the complainant with regard to the visit of the petitioners at the house of the complainant -side. He further submits that it is a case of version and cross -version. He also submits that one person, namely, Love Kumar, from the petitioner's -side had also received the grievous injuries attracting the mischief of Section 325, IPC. He also submits that the petitioners, namely, Rakesh Kumar and Naresh Kumar, have not been assigned any specific injury and the injury attributed to Vipan Kumar falls within the ambit of Section 323, IPC only. He further submits that during pendency of the present petition better sense has prevailed and the petitioners as well as the injured persons have sorted out their disputes and effected a compromise. He further submits that both the private parties have filed separate quashing petitions before this Court in view of the compromise so effected between them.

(2.) LEARNED counsel for the State on instructions from ASI Atma Singh very fairly concedes that the petitioners as well as the injured persons have sorted out their disputes and effected a compromise and even quashing petitions have been filed before this Court. He further submits that it is a case of version and cross -version.

(3.) KEEPING in view the totality of the facts and circumstances of the case, the present petition for grant of anticipatory bail to the petitioners, Rakesh Kumar, Vipan Kumar and Naresh Kumar, is allowed. In the event of their arrest, the petitioners shall be admitted to bail, subject to their furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.