Deepak Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6879-2023 (O&M) Decided on :17.03.2023 Deepak Kumar . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. A. D. S. Sukhija, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana, assisted by SI Angrej Singh, CIA-I, Panipat.

**** SANJAY VASHISTH, J. (Oral) Prayer in this petition, filed under Section 438 of the Code of Criminal Procedure, 1973, is for grant of anticipatory bail to the petitioner, who has been booked for having committed the offences punishable under Sections 384 and 506 IPC, in a case arising out of FIR No. 09 dated 09.01.2023, registered at Police Station Sector-13-17, Panipat, District Panipat, Haryana.

Learned counsel for the petitioner submits that as per allegations in the FIR,complainant namely, Sandeep, received a telephonic call whereby money was demanded. Counsel further submits that name of the petitioner is not mentioned in the FIR, however, petitioner's brother has been named.

Subsequently, petitioner is dragged in the present case on the basis of disclosure statement of one Ankit. Counsel also submits that except the said disclosure statement, there is no link evidence available with the prosecution agency to connect the petitioner with the alleged crime. In fact, no amount of money has been paid to the accused persons as alleged in the FIR. Even version of FIR seems to be unbelievable, because the amount RIYA 2023.03.17 16:00 I attest to the accuracy and integrity of this document

CRM-M-6879-2023 (O&M) - 2 - of extortion is not mentioned. Counsel further submits that after noticing the contention of the petitioner, vide order dated 09.02.2023, petitioner was granted ad-interim anticipatory bail by co-ordinate Bench of this Court and accordingly in compliance to the said order, he has joined the investigation. In response to the contentions of the petitioner, learned State counsel on instruction from SI Angrej Singh, CIA-I, Panipat, confirms the fact that petitioner has already joined the investigation and states that custodial interrogation of the petitioner is not required for the purpose of investigation.

Heard, learned counsel for the parties.

Since the petitioner has joined the investigation and his custodial interrogation is not required, order dated 09.02.2023 vide which ad-interim anticipatory bail was granted by co-ordinate Bench of this Court; is hereby made absolute and accordingly, present petition stands allowed. However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

(SANJAY VASHISTH) JUDGE 17.03.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.03.17 16:00 I attest to the accuracy and integrity of this document