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High Court of Punjab and HaryanaCRM-M/9204/2024allowed

Navdeep Singh v. State Of Punjab

2024-03-07Mr. Justice Anoop Chitkara2 pages

CRM-M-9204-2024 2024:PHHC: 033160

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-9204-2024 Decided on: 07.03.2024 Navdeep Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. B.S. Sra, Advocate for the petitioner.

Mr. Sukhdev Singh, AAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 31.01.2024 Vigilance Bureau, 7 of PC (Amendment) Act 2018 Ferozepur 1.

The petitioner apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail. 2.

Vide order dated 21.02.2024, this Court had granted interim bail to the petitioner and the said order is continuing till date.

3.

Petitioner's counsel submits that petitioner is an honest person and to demonstrate his honesty he has prepared his affidavit as well as of his spouse by declaring assets and he is ready to handover the said affidavit to the investigator. He further submits that custodial interrogation and pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.

Counsel for the State opposes the bail on the grounds that there is a video recording while accepting the bribe money.

5.

I have heard counsel for the parties and gone through the petition and its analysis would lead to the outcome that transcript of the telephonic communication does not explicitly point towards demand or acceptance of any bribe. However regarding the oral allegations of demand of Rs.10,000/- and acceptance of Rs.5,000/- has to be assessed in ANJU RANI 2024.03.07 17:20 I attest to the accuracy and integrity of this document

CRM-M-9204-2024 2024:PHHC: 033160 the trial.

6.

Considering the amount involved and lack of clarity about demand and acceptance of bribe and petitioner's conduct of voluntarily declaring assets, petitioner makes out a case for anticipatory bail and it is neither a case of custodial investigation nor pre-trial incarceration.

7.

Given above, petition is allowed and interim order dated 21.02.2024 is made absolute. Pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 07.03.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2024.03.07 17:20 I attest to the accuracy and integrity of this document