Jakir v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-7596-2020 (O&M) Date of Decision:-7.9.2021 Jakir ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Rosi, Advocate for the petitioner.

Ms. Sheenu Sura, DAG, Haryana, assisted by HC Raj Kumar.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.26 dated 19.2.2019 at Police Station Rojka Meo, District Nuh under Section 511 of Indian Penal Code and Section 13(2) of Haryana Gauvansh Sanrakshan And Gausamvardhan Act, 2015.

2.

The FIR was lodged on the basis of secret information received by the police to the effect that Jakir (petitioner) indulges in cow slaughtering and that even on the given day he had brought cows in Mehrola Hills. Pursuant to receipt of said information, a raid was conducted at the nominated place. While the PANKAJ KAKKAR 2021.09.07 17:45 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-7596-2020 (O&M) person, who was seen present there, ran away from the spot, the police found 2 oxen, a bull alongwith a plastic bag, a knife and an axe. 3.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that there is nothing on record to suggest that the petitioner had anything to do with the alleged occurrence inasmuch as even the place from where the cows were allegedly recovered does not belong to the petitioner.

4.

Opposing the petition, learned State counsel has submitted that in view of the fact that specific information had been received by name against the petitioner and also in view of the fact that the petitioner happens to be involved in one more identical case, no case for grant of bail is made out. Learned State counsel has, however, informed that pursuant to interim directions, the petitioner has since joined investigation. 5.

I have considered rival submissions addressed before this Court. 6.

Having regard to the fact that the petitioner was never arrested at the spot and that even the place of recovery cannot be associated with the petitioner, the petition merits acceptance and is hereby accepted and the interim directions issued by this Court vide order dated 20.2.2020 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

7.9.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.09.07 17:45 I attest to the accuracy and integrity of this document