Tejinder Singh Dhindsa, J. - (1.) THIS order shall dispose of the present petition filed under Section 438 Cr.P.C. praying for the grant of anticipatory bail to the petitioners in case F.I.R. No. 39 dated 18.3.2014 under sections 341, 323, 506, 34 I.P.C. (section 307 I.P.C. added later on), registered at Police Station, Rajound, District Kaithal.
(2.) ON 16.5.2014, while issuing notice of motion, the following order was passed by this Court: - Learned counsel for the petitioners would, inter alia, contend that it is a case of version and cross -version. The petitioners were earlier arrested and released on bail. However, the offence under Section 307 IPC has been added thereafter and as such the petitioners are apprehending arrest even though willing to join investigation. Notice of motion, returnable for 11.07.2014. In the event of arrest, the petitioners shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. The petitioners shall join investigation as and when called upon to do so and they shall remain bound by the conditions as envisaged under Section 438(2) Cr.P.C. Learned State counsel upon instructions from S.I. Narender Singh would apprise the Court that the petitioners have since joined investigation.
(3.) HOWEVER , State counsel would oppose the present petition by contending that even though, the F.I.R. had been initially registered under sections 341, 323, 506, 34 I.P.C., yet, at the subsequent stage offence under Section 307 I.P.C. has been added and the injury suffered by injured Vikram that has attracted offence under section 307 I.P.C., is attributed to the present petitioner No. 1. State counsel would submit that under such circumstances the grant of concession of anticipatory bail would not be warranted.;