Rameshwar Singh Malik, J.@mdashThe petitioners, by way of instant petition u/s 438 Cr. P.C., seek pre-arrest bail in the case arising out of FIR
No. 148 dated 19.3.2012, under Sections 323, 498-A, 406, 506, 120-B IPC, registered at Police Station Nuh, District Mewat. Notice of motion
was issued granting interim protection to the petitioners, vide order dated 25.7.2012.
2. Learned counsel for the petitioners submits that petitioners have joined and cooperated with the investigating agency, in compliance of the order
dated 25.7.2012. He further submits that since nothing is to be recovered from the petitioners, their custodial interrogation is not required and the
instant petition deserves to be accepted.
3. Learned counsel for the State, on instructions from Head Constable Devinder, Police Station Nuh, District Mewat, submits that it is correct that
petitioners have joined the investigation and cooperated with investigating agency, in compliance of the order dated 25.7.2012.
4. However, he submits that since allegations against the petitioners are direct, serious and specific, they are not entitled for pre-arrest bail.
5. Having heard the learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that
present one is a fit case for extending the benefit of pre-arrest bail to the petitioners. I say so for more than one reasons, being recorded hereinafter
Firstly, the petitioners have joined and cooperated with the investigating agency, in compliance of the order dated 25.7.2012. Secondly, since
nothing is to be recovered from the petitioners, admittedly their custodial interrogation is not required.
6. Thirdly, the view taken by this Court finds support from the judgment of Hon''ble Supreme Court in Siddaram Setingappa Mhetre versus State
of Maharashtra, 2011 (1) RCR (criminal) 126.
7. Considering the totality of facts and circumstances of the present case noted above, coupled with the reasons aforementioned, the order dated
25.7.2012 passed by this Court is hereby, made absolute. Resultantly, the instant petition stands allowed.
