RAM CHAND GUPTA,J. - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.34 dated 12.05.2012, under Sections 452/427/323/324/325/326/148/149 IPC, registered at police station Tarsika, District Amritsar. 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, Amritsar dismissing anticipatory bail application filed on behalf of the petitioner.
(2.) COORDINATE Bench of this Court while issuing notice of motion on 12.02.2013 passed the following order:- "Relies on an order passed in respect of co-accused, who has been granted the concession of pre-arrest bail. Notice of motion for 13.3.2013. In the meanwhile, in the event of arrest of the petitioner, he shall be released on anticipatory bail to the satisfaction of the Arresting Officer, subject to the conditions contained in Section 438(2) Cr.P.C. He will join the investigation as and when required." It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 12.02.2013. It has also been stated by learned counsel for the State, on instruction from ASI Som Nath, that petitioner has joined the investigation and that he is no more required for any custodial interrogation. Bail application is not opposed.
(3.) THERE are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Avtar Singh is accepted and order dated 12.02.2013 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly.;