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High Court of Punjab and HaryanaCRM-M/11677/2022dismissed

Vijay Kumar Jha v. State Of Haryana

2022-04-08Mr. Justice Anoop Chitkara2 pages

CRM-M-11677-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11677-2022 Decided on: 08.04.2022 Vijay Kumar Jha

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Lekh Raj Nanda, Advocate for the petitioner. Mr. Manish Bansal, DAG, Haryana.

Mr. Ravin Kumar-complainant in-person.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 15.09.2021 Sampla, District 406 & 420 IPC Rohtak, Haryana 1.

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

As per paragraph 15 of the bail applicationthe petitioner states that no case is pending against him; however this declaration is contradicted by the State, as per which the petitioner has criminal antecedents.

3.

Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.

Ld. counsel appearing for the State contends that the petitioner has indulged in cheating and thugee is raising its ugly head, and it's the time to nip the evil in the bud. The contention of behalf of the complainant is that he took his mobile because he was his friend, and transferred a sum of RS. 5,65,000/- and 1,15,000/- from his account. REASONING:

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The petitioner took advantage of the innocence of his gullible friend and without his consent transferred a huge amount. Thus, he is not entitled to bail at this stage. An analysis of the allegations and evidence collected does not warrant the grant of bail to the petitioner. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for bail at this stage.

7. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed in aforesaid terms. All interim orders granting bail stand vacated. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 08.04.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.04.12 16:28 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH