Harnaresh Singh Gill, J
Case is taken up for hearing through video conferencing. Short reply by way of affidavit of the Deputy Superintendent of Police, Sub Division Valtoha,
Camp at Bhikhiwind, District Tarn Taran, filed in the Registry, is taken on record.
Through this petition, the petitioners seek anticipatory bail in case bearing FIR No.136 dated 26.09.2020, registered at Police Station Khalra, District
Tarn Taran, under Sections 452, 323, 324, 326, 148 and 149 IPC and Section 450 IPC (added later on).
Learned counsel for the petitioners contends that three injuries attracting Section 323 IPC have been attributed to petitioner No.1, whereas one injury
on the right wrist of Gursharan Kaur with kirpan, to petitioner No.2. Moreover, co-accused, namely Gurpreet Singh alias Gopy has since been granted
anticipatory bail by the learned Additional Sessions Judge, Tarn Taran, vide order dated 09.11.2019, and co-accused, namely, Rajbir Kaur and
Baljinder Kaur, have also been given the similar relief, vide order dated 10.12.2020 passed in CRM-M-36553-2020 by this Court.
Learned State counsel, while opposing the present petition, contends that the petitioners had caused injuries to the complainant party. However, he
does not dispute the factum of grant of bail to the co-accused, as noticed above.
I have heard the learned counsel for the parties.
Petitioner No.1 has been attributed injuries attracting Section 323 IPC. Though petitioner No.2 has allegedly caused the aforesaid injury on the person
of Gursharan Kaur, yet the fact remains that the same has been caused on her non-vital part.
Keeping in view the facts and circumstances of the present case and without expressing any opinion on the merits of the case, this Court finds that no
useful purpose will be served by sending or keeping the petitioners in custody. Therefore, finding merit in the present petition, the same is allowed. The
petitioners are directed to join the investigation as and when called upon to do so and if they are sought to be arrested, they shall be released on
anticipatory bail to the satisfaction of Investigating Officer/Arresting Officer, subject to the conditions as envisaged in Section 438 (2) of the Code of
Criminal Procedure.
It is made clear that if pursuant to and in compliance with this order, the petitioners do not cooperate with the investigating agency, the investigating
agency would be liberty to move an appropriate application for cancellation of bail.
