Usha Rani v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-5817-2024 (O&M) Date of Decision: 13.8.2024 Usha Rani ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. S.S. Sahu, Advocate for the petitioner.

Mr. Neeraj Sheoran, DAG, Haryana, assisted by ASI Virender Singh.

Mr. Munish Kamboj, Advocate for the complainant. ***** FIR No.

Dated Police Station Section/s 10.2.2021 Bhuna, District Fatehabad 34, 406, 420, 201 of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The allegations, in nutshell, are that the petitioner alongwith other accused had defrauded the complainant of an amount of Rs.9,95,000/- on the pretext of arranging gift items for wedding at discounted prices. However, no such items were provided to the complainant, who thus came to be deprived of the said amount.

3.

Learned counsel for the petitioner submits that the petitioner is a lady and has falsely been implicated in the present case simply to pressurize the entire Pankaj Kakkar 2024.08.14 13:38 I attest to the accuracy and authenticity of this document

CRM-M-5817-2024 (O&M) ( 2 ) family including her husband, who is also arrayed as a co-accused. It has also been submitted that the petitioner otherwise has been behind bars since the last more than 8 months. Learned counsel for the petitioner further submits that the petitioner had been released on interim bail vide order dated 20.05.2024 and that ever since there has been no complaint against the petitioner and there is nothing on record to suggest that she has misused the concession of interim bail.

4.

Opposing the petition, learned State counsel submits that since the petitioner is specifically named in the FIR and also happens to be involved in one more case for the offence punishable under Section 138 of Negotiable Instruments Act, no case for grant of bail is made out.

5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case, but having regard to the fact that the petitioner, who is a lady, has been behind bars for a substantial period of more than 8 months and has not misused the concession of interim bail, the petition is accepted and the petitioner is ordered to be released on regular bail on her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

13.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.08.14 13:38 I attest to the accuracy and authenticity of this document