High Court of Punjab and HaryanaCRM-M/13285/2019allowed

Shashi Shankar Tiwari v. State Of Punjab

2019-09-18Mr. Justice Surinder Gupta2 pages

CRM-M-13285 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13285 of 2019 Date of Decision: 18.09.2019 Shashi Shankar Tiwari ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ramandeep Singh, Advocate for the petitioner.

Mr. Rakeshinder Singh Sidhu, A.A.G. Punjab.

Mr. Vikram Rathore, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 43 dated 27.01.2018 registered for the offence punishable under Sections 67-A of Information and Technology Act, 2000; and 6 of Indecent Representation of Women Prohibition Act, 1986, at Police Station Jodhewal, District Ludhiana.

Heard.

Learned State counsel on instructions from ASI Gurmeet Singh submits that mobile phone from which messages were sent has not been recovered so far, as such, the investigating officer is not in a position to apprise this Court about the fact that messages were indeed sent from mobile phone of petitioner.

As per complainant, she was sent obscene messages from JITENDER KUMAR 2019.09.18 17:01 I attest to the accuracy and integrity of this document Chandigarh phone number as mentioned in the FIR itself.

CRM-M-13285 of 2019 -2Learned State counsel further submits that some voice messages were sent from phone no. 94727-51888, which was saved in the mobile phone of complainant in the name of petitioner but on investigation it has been found that the said mobile number was not in his name. The petitioner has joined the investigation. The mere fact that mobile used to send obscene messages to complainant, has not been recovered from him, cannot be a reason to infer that he is not cooperating with the investigating officer in the investigation of the case. Keeping in view above facts but without expressing any opinion on the merits of the case, this petition is allowed and order dated 25.03.

(iii) that the petitioner shall not leave India without the prior permission of the Court.

(iv) that the petitioner will seek regular bail on the presentation of challan in Court.

September 18, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.09.18 17:01 I attest to the accuracy and integrity of this document Chandigarh