High Court of Punjab and HaryanaCRM-M/14996/2023allowed

Chittibonia v. State Of Haryana

2023-07-07Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-14996-2023 -12023:PHHC:085801 206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14996-2023 Decided on : 07.07.2023 Chittibonia ...... Petitioner

Versus

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

Mr. S.K.Yadav, Advocate for the petitioner.

Ms. Trishanjli Sharma, DAG, Haryana.

Mr. M.S.Randhawa, Advocate for the complainant.

**** Manjari Nehru Kaul, J.

The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner, in case FIR No.71 dated 19.02.2023 registered under Sections 406, 420, 34 IPC at Police Station Sadar Narnaul, District Mahendergarh.

Vide order dated 13.04.2023, petitioner was granted the concession of interim bail in the following terms:- "Learned counsel for the petitioner inter alia contends that a false case has been planted upon the petitioner. The petitioner was having business relations with the complainant as well as with one Ghanshyam to whom he had paid Rs.15,00,000/- through his bank account for business purposes. In order to get the said money back, the petitioner took the help of the complainant. The complainant after receiving Rs.8,80,000/- from said Ghanshyam, transferred that amount into the account of the petitioner. However, SONIA BURA 2023.07.07 17:37 I attest to the accuracy and integrity of this document

CRM-M-14996-2023 -22023:PHHC:085801 subsequently the complainant lodged a false complaint dated 15.11.2022 to Superintendent of Police, Tirupathi (Annexure P-2) in connivance with Ghanshyam, by twisting and distorting facts and also never appeared before the police officials. While drawing the attention to the contents of the FIR, learned counsel further submits that a perusal of said FIR clearly reveals that the dispute between the parties is essentially civil in nature, and the petitioner is ready to join investigation and cooperate with the investigating agency." Learned counsel for the petitioner states that pursuant to order dated 13.04.2023, passed by this Court, the petitioner has joined the investigation. This fact is not disputed by the counsel for the State as well. Learned State counsel on instructions states that the petitioner is no longer required for further interrogation.

In view of the above, the petition is allowed and interim order dated 13.04.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

(MANJARI NEHRU KAUL) JUDGE 07.07.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.07.07 17:37 I attest to the accuracy and integrity of this document