High Court of Punjab and HaryanaCRM-M/11702/2022allowed

Deepak Kumar v. State Of Haryana

2022-07-15Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11702-2022 Date of Decision:-15.07.2022 DEEPAK KUMAR ... Petitioner(s)

Versus

STATE OF HARYANA ... Respondent(s) *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Rahul Deswal, Advocate for the petitioner.

Mr. Naveen Kumar Sheoran, DAG, Haryana.

***** KARAMJIT SINGH , J. (Oral) Prayer is for grant of anticipatory bail in case having FIR No.744 dated 17.12.2019 registered under Sections 148, 149, 323, 427, 425, 435 IPC and Section 25 of Arms Act (Section 307 IPC added later on) at Police Station City Narnaula District Mahendergarh. Counsel for the petitioner submitted that the petitioner who was not named in the FIR has already joined investigation with the police in the light of previous order dated 21.3.2022 passed by the Coordinate Bench of this Court. Counsel further contends that no injury has been attributed to the GAURAV SOROT 2022.07.15 19:19 I attest to the accuracy and authenticity of this order/judgment

( 2 ) CRM-M-11702-2022 present petitioner. The counsel for the petitioner further contends that the complainant party which also include injured-Mangal and Pradeep have already given an affidavit dated 8.2.2022 (Annexure P-4) regarding the innocence of the present petitioner, who was not present at the spot when the occurrence took place.

State counsel on instructions from SI Muniya Devi has not refuted the fact that the petitioner has joined the investigation and that he was not named in the FIR. The State counsel further submits that now the petitioner is not required by the police for any further custodial interrogation and the police has presented the challan against the accused persons after completion of the investigation.

In view of the above, without commenting on the merits of the case, present petition is allowed and order dated 21.3.2022 is hereby made absolute. The petitioner should abide by the conditions envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 15.07.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.07.15 19:19 I attest to the accuracy and authenticity of this order/judgment