RAM CHAND GUPTA - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.44 dated 21.04.2012 under Sections 447, 427, 379 read with Section 34 of Indian Penal Code, registered at Police Station Mamdot, District Ferozepur.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Ferozepur dismissing anticipatory bail application filed on behalf of the petitioner. This Court while issuing notice of motion on 17.5.2012 passed the following order:- "Crl.M.No.28809 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-14190 of 2012 Contends that earlier complainant was married with Satnam Singh and from that wedlock two girls were also born and, however, thereafter, she left Satnam Singh and developed relations with Nanak Chand, i.e. uncle (Taya) of present petitioner and a daughter was also born to her from loins of Nanak Chand. Further contends that after death of Nanak Chand, complainant re-married Kewal Karki and at present she is residing with him and hence father of petitioner filed a petition for person and property of Amanpreet Kaur, the minor daughter of the Nanak Chand, which is pending and hence, just to put pressure upon the petitioner, the present FIR has been lodged. Notice of motion to Advocate General, Punjab, for 31.5.2012. However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C." It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 17.5.2012.
(3.) IT has also been stated by learned counsel for the State on the instructions from ASI Satnam Singh that petitioner has joined the investigation, however, the bail application has been opposed on the ground that some iron gate is yet to be recovered from the petitioner.;