CRM-M No. 28376 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.28376 of 2009 Date of Decision: December 07 , 2009 Sanjeev Kumar and another ...... Petitioners Versus State of Haryana and another ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.H.S.Sullar, Advocate for the petitioners. Mr.Mehar Deep Singh, DAG, Punjab. Mr.Amit Jaiswal, Advocate for the complainant. **** Ajay Tewari, J. This is an application for anticipatory bail in complaint case bearing no.63 dated 30.8.2008, under Sections 324,325,326,302 and 120-B IPC pending before Judicial Magistrate 1st Class, Ambala. The facts, in brief, giving rise to this case are that deceased Ashwani Kumar was found dead by the Railway Authorities on 29.04.2008. By the instant complaint it is alleged that the petitioners along with three female family members did him to death. It is not disputed that the three female family members have been granted anticipatory bail by the impugned order. In my opinion in the facts and circumstances of this case the petitioners also deserve the concession of anticipatory bail. Learned counsel for the complainant has stated that there is CRM-M No. 28376 of 2009 2 possibility that the witnesses may tamper with the evidence. There is only one alleged eyewitness who has given his statement in the complaint on 3.12.2008. No allegation has been made of any intimidation or allurement to the said witnesses during the past one year. So, in the circumstances I deem it appropriate to grant the concession of anticipatory bail to the petitioners but with the condition that this concession is liable to be withdrawn at any time in case the petitioners are found to be threatening or inducing any of the witnesses or otherwise tampering with the evidence. In the meantime, in the event of arrest of the petitioners they are ordered to be released on interim bail to the satisfaction of Arresting Officer/Investigating Officer/Area Magistrate/Duty Magistrate, as the case may be , subject to the conditions laid down in Section 438(2) Cr.P.C. (AJAY TEWARI) JUDGE December 07, 2009 sunita