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High Court of Punjab and HaryanaCRM-M/11530/2023allowed

Vikas Alias Tonny v. State Of Punjab

2023-10-19Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:136501 CRM-M-11530-2023 Date of decision: October 19th, 2023 Vikas @ Tony .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gaurav Partap S. Pathania, Advocate for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking anticipatory bail in case FIR No.0017 dated 12.02.2022 under Sections 379-B(2)/34 IPC (Section 201 IPC added later on), registered at Police Station Taragarh, District Pathankot.

2.

Vide order dated 09.03.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The petitioner is doing work at Gujarat for the last more than one year and on the date of FIR i.e. 22.02.2022, he was at Gujarat. The petitioner is being falsely implicated in present FIR wherein the name of the petitioner does not figure. Even as per the version of the FIR, no injury can be attributed to the petitioner." PUNEET SACHDEVA 2023.10.19 17:22 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M 11530-2023 -23.

Learned counsel for the petitioner submits that in compliance of order dated 09.03.2023, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 09.03.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

October 19th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.10.19 17:22 I attest to the accuracy and integrity of this document.

Chandigarh