High Court of Punjab and HaryanaCRM-M/26489/2016allowed

Shokin v. State Of Haryana

2016-08-16Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-26489 of 2016 (O&M) Date of Decision: August 16, 2016 Shokin

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Arjun Atri, Advocate for the petitioner.

Mr.Vikramjit Singh, Addl. Advocate General, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.254 dated 11.05.2016 under Section 5/13(2) of The Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, registered at Police Station Nuh, District Mewat. Notice of motion was issued and learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that the FIR in the present case has been recorded on the basis of a secret information. The present petitioner is not named in the FIR. It is stated that two persons had run away and they have Vineet Gulati 2016.08.17 14:17 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-26489 of 2016 -2been identified by the secret informer, but the name of the person who had identified has not been mentioned in the FIR nor the name of the present accused has been mentioned in the FIR.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find it a fit case where petitioner is entitled to benefit of anticipatory bail and therefore, the present petition is allowed. It is ordered that in the event of arrest, the petitioner be released on anticipatory bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. August 16, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2016.08.17 14:17 I attest to the accuracy and authenticity of this document Chandigarh