Darshan Singh v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 10.04.2023 DARSHAN SINGH

...Petitioner

Vs.

STATE OF HARYANA

...Respondent

CORAM:-HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Satbir Gill, Advocate for the petitioner. Ms. Ambika Sood, Additional A.G. Haryana.

AMARJOT BHATTI, J. (Oral) The petitioner - Darshan Singh has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No. 112 dated 05.04.2021, under Sections 354-D, 387, 506, 34 of IPC, registered at Police Station Sadar Sirsa, District Sirsa.

As per the facts of the case, the prosecutrix gave her statement to the police that she was a follower of Dera Sacha Sauda, Sirsa for the last four to four and a half years. She came in contact with Reena - accused No. 1 in the Dera. She was fully aware of the strong financial condition of the family of prosecutrix. The family members of Reena wanted to perform her marriage against her wishes, so she called the prosecutrix. Since, they were having good friendly relations, the prosecutrix went to the village of accused person at Ghadsana and requested the parents of Reena not to solemnize her marriage. Because of this reason, the family members of Reena nursed a grudge against her. In fact, she was called to

-2village Ghadsana by accused No. 1 in conspiracy with other accused. They started sending her obscene photographs, photographs of weapons on Whatsapp number of prosecutrix from the mobile phone numbers mentioned in the FIR. She was threatened. She received calls from unknown persons repeatedly. She also received a Whatsapp voice call from Rajvir demanding ransom. She apprehended danger to her life and liberty from the hands of accused persons. It was prayed that action be taken against them.

Learned counsel for the petitioner argued that a false case has been registered against him. No role is attributed to the petitioner. He is grand father of co-accused namely Reena. He has not committed any offence. He is still ready to join the investigation. It is prayed that his anticipatory bail application may be allowed. Learned counsel representing the State pointed out that the petitioner has joined the investigation on 03.01.2023 and 24.02.2023 in pursuance of order dated 21.02.2022 passed by this Court and now he is not required for any purpose.

I have considered the arguments and have gone through the record. It is clear that the present petitioner is an old man who has joined the investigation as and when required. It is categorically stated that the petitioner is not required for any other purpose. Therefore, no purpose would be served by sending him behind the bars. Considering these facts, the anticipatory bail application filed by the petitioner - Darshan Singh is allowed. He be not arrested. In case, he is arrested, he be released on bail to the satisfaction of Arresting Officer/Investigating Officer, subject to the conditions detailed under Section 438(2) Cr.P.C.

-3The petition is accordingly, accepted.

10.04.2023 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No