SUBHASH CHANDER Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The instant petition has been filed under Section 482 Cr.P.C. read with Section 439(2) Cr.P.C. for cancelling the bail allowed to respondent no.2 on 05.11.2014 by the Additional Sessions Judge, Gurgaon.

(2.) The complainant alleges that regular bail applications of the petitioner had been dismissed by the High Court and also the Hon'ble Apex Court but the trial Court at the stage of recording evidence allowed bail to respondent no.2 without there being any application by the accused.

(3.) The petitioner challenges the order dated 05.11.2014 vide which bail has been allowed to respondent no.2. Notice of the petition was sent to the respondents and they have appeared. Both the respondents have filed their reply. Respondent no.1-State has opposed the petition on the plea that the petition was not maintainable. It was pleaded that respondent no.2 had approached the Lokayukta, Haryana who directed the DGP, Haryana to look into the matter and inquiry was conducted by DIG, Crime Branch, Gurgaon and it was found that the petitioner was not involved in the brawl and they had ordered departmental action against the police officers. It was also mentioned that FIR No.421 was registered on 30.09.2014 under Section 323, 506, 447, 147, 148, 150 IPC on a complaint made by respondent no.2. It was pleaded that regular bail had been granted by Additional Sessions Judge, Gurgaon after giving thoughtful consideration to the facts and circumstances. It was pleaded that reinvestigation in the matter was conducted pursuant to the directions of Lokayukta, Haryana.