Crl. Misc. No. M- 31492 of 201 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 31492 of 2011 (O&M) Date of decision: December 21, 2011 Raju ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajesh Lamba, Advocate, for for the petitioner. Mr. Sidharath Sarup, DAG, Haryana. GURDEV SINGH, J. Heard. This petition under Section 439 of Cr.P.C. has been filed by Raju son of Shri Girraj, petitioner/accused, for grant of regular bail in FIR No. 107 dated 19.4.2011 registered under Sections 364/34 IPC in Police Station Sarai Khawaja, District Faridabad, on the ground that he has been falsely implicated and that, in fact, the police instead of citing him as witness has arrayed him as accused. In the FIR, the complainant has only shown suspicion regarding the present petitioner. Learned State counsel was asked to refer the evidence, which has been collected against the petitioner during the investigation. According to him, the investigating agency/prosecution is relying upon the disclosure statement of the petitioner, allegedly made before the police official. It is debatable whether that disclosure can be Crl. Misc. No. M- 31492 of 201 2 used against the petitioner as evidence during the trial. Keeping in view all these facts and without expressing any opinion on the merit of the case, the petitioner is ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Faridabad, subject to the following conditions:- (i) He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii) He shall not leave the limits of this country without prior permission of the Court. The petition is disposed of accordingly. December 21, 2011 (GURDEV SINGH ) prem JUDGE