IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-3438 of 2009 (O&M) Date of Decision 10.02.2009 Krishan Kumar ......Petitioner VERSUS State of Haryana ......Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms.Preeti Khanna Advocate, for the petitioner. Mr.S.S.Mor, Senior D.A.G., Haryana for the respondent-State. ***** KANWALJIT SINGH AHLUWALIA, J(ORAL): Petitioner Krishan Kumar has brought this petition under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in case F.I.R.No.476 dated 11.12.2008 under Section 326 of Indian Penal Code registered at Police Station Sadar Bahadurgarh. Complainant Smt.Kiran Wati is wife of elder brother of the petitioner. There is a family dispute. Civil litigation is also pending between the parties. It is stated that on 09.12.2008 petitioner had thrown acid on the body of the complainant. Medico legal examination of the complainant was conducted in C.R.P.F. Hospital at Delhi where husband of the complainant is posted. It shows 15 to 20 burnt injury on the body of the complainant. Learned counsel for the petitioner has contended that medico legal report has been procured as no reason has been given as to how the injuries were declared simple to grievous. Learned counsel for the petitioner further submits that the report was lodged at Police station at Criminal Misc.No.M-3438 of 2009 (O&M) -2- Delhi where brother of the complainant was posted as Head Constable. There are many circumstances which show that occurrence is a made up affair. Without expressing anything on the merits of the case, petitioner is directed to be released on bail to the satisfaction of the Investigating Officer, subject to the condition that the petitioner shall join the investigation as and when called for. Petitioner shall abide by the conditions specified under Section 438 (2) of the Code of Criminal Procedure. Bail shall remain inforce till the presentation of report under Section 173 Cr.P.C. (challan). Thereafter, petitioner shall apply for the regular bail which shall be decided on the merits of the case. With these observations, present petition is disposed of. February 10, 2009 (KANWALJIT SINGH AHLUWALIA) mamta-II JUDGE