Crl. Misc. No. M-9738 of 2010 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-9738 of 2010 (O&M) DATE OF DECISION: 05.04.2010 Dilbagh Singh ..........Petitioner Versus State of Haryana ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Gaurav Mohunta, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. No. 17455 of 2010 Application is allowed as prayed for. Crl. Misc. No. M-9738 of 2010 The present petition under Section 438 Cr.P.C. has been filed on behalf of Dilbagh Singh for the grant of anticipatory bail in case FIR No. 88 dated 4.5.2007 registered under Sections 148/149/302/506 IPC at Police Station Sadar Gohana. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the case and no role has been attributed to him. Initially he was kept in column No.2 and only on the basis of statement made by one Vikas, he has been summoned under Section 319 Cr.P.C. Learned counsel for the petitioner further contends that all the accused have got either anticipatory bail or regular bail in this case and moreover the petitioner is ready to join the investigation and no recovery is to be Crl. Misc. No. M-9738 of 2010 (O&M) (2) effected from him. I have heard the arguments advanced by learned counsel for the petitioner and have also gone through the contents of the FIR as well as the order declining bail. The trial Court while declining bail to the present petition has mentioned that the petitioner was seen by one Vikas while dragging deceased-Sanjay on the date of occurrence. Keeping in view the role of the present petitioner on the basis of statement of Vikas, I am not inclined to grant anticipatory bail to the petitioner at this stage. However, since Crl. Misc. No. 34952-M of 2007 filed by co-accused Bijender has also been disposed of on 29.11.2007 by issuing him direction to approach the Court for regular bail within one month, this petition is also disposed of with a direction to the petitioner to surrender before the trial Court and apply for grant of regular bail and the same be decided on merits within a period of one week from the date of filing of the application and till the application is decided, he will not be arrested. Petition is disposed of accordingly . April 05, 2010 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No