RAJESH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 439(2) read with Sec. 482 Cr.P.C. for cancellation of anticipatory bail granted to respondents No.2 to 13 vide order dtd. 17/10/2016 passed by this Court in CRM-M-22494 of 2016 pertaining to case FIR No.389 dtd. 2/3/2016 under Ss. 148, 149, 323, 506 IPC, 1860 (Ss. 325, 307 IPC added later on), registered at Police Station Kalanaur, District Rohtak.

(2.) Learned counsel for the petitioner has, at the outset, invited the attention of this Court to the order dtd. 17/10/2016 (Annexure P-2) passed by this Court, vide which the private respondents (accused) in FIR No.389 dtd. 2/3/2016 were extended the concession of anticipatory bail. It has been submitted that while granting anticipatory bail, the private respondents had furnished a categorical undertaking through their counsel that they would not enter village Baniyani during the pendency of the trial, however, it has been contended that the private respondents have flagrantly violated this undertaking by not only residing in the said village in clear defiance of the order of this Court but had also indulged in an assault upon the complainant party. On this ground, the petitioner seeks cancellation of anticipatory bail granted to the private respondents.

(3.) On being put to notice, learned State counsel as well as learned counsel for the private respondents have entered appearance and opposed the prayer for cancellation of bail. Reply by way of an affidavit of the Deputy Superintendent of Police, Kalanaur, District Rohtak on behalf of respondentState has been filed in the Court today, which is taken on record subject to all just exceptions.