Crl. Misc. No.M-27504 of 2011 (O&M) Rakesh Kumar Vs. State of Punjab *** Present : Mr. A.S. Manaise, Advocate for the petitioner. Mr. S.S. Gill, D.A.G., Punjab. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.238 dated 8.12.2010 registered under Sections 326, 324, 342, 427, 34 IPC at Police Station Dhariwal, District Gurdaspur. On 09.09.2011 the following contention was noticed:- “Learned counsel has argued that from a perusal of the FIR it is clear that it was the complainant who had attacked the petitioner since the petitioner has also suffered injuries and has concocted this false FIR only to avoid his own criminal prosecution.” Apart from that learned counsel for the petitioner has argued that even as per the FIR the petitioner was empty handed and the allegation was that he caught hold of the complainant. Learned Deputy Advocate General on instructions from ASI Jasbir Singh has accepted these factual assertions. In the circumstances, without going into the merit of the case, I deem it appropriate to release the petitioner on bail. Ordered accordingly. Crl. Misc. No.M-27504 of 2011 (O&M) -2- Petitioner is directed to appear before the Investigating Officer on 23.09.2011 between 10 A.M. to 04 P.M and on any other date as and when his presence is required. On his appearance, the Investigating Officer would release him on bail subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) September 15, 2011 JUDGE ashish