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High Court of Punjab and HaryanaCRM-M/16157/2024allowed

Milan Kumar v. State Of Haryana

2024-08-07Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-16157-2024 (O&M) Date of Decision:-7.8.2024 Milan Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep Kumar Yadav, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana, assisted by ASI Suresh Kumar.

***** FIR No.

Dated Police Station Section/s 8.2.2024 Khol, District Rewari 509, 506 of Indian Penal Code, wherein offence under Section 354-A IPC was deleted later on GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of notice of motion, the following order was passed on 4.4.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.0026, dated 8.2.2024 at Police Station Khol, District Rewari, under Sections 509, 506 of Indian Penal Code, wherein offence under Sections 354-A was deleted later on. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case at the instance of complainant, who had some grievance against petitioner with regard to entering of some mutation and on account of which he Pankaj Kakkar 2024.08.07 16:41 I attest to the accuracy and authenticity of this document

CRM-M-16157-2024 (O&M) ( 2 ) has cooked-up false allegations. It has been submitted that as a matter of fact it was the complainant, who had initially hurled abuses leading to some kind of altercation between the complainant and the petitioner and the complainant very cleverly has shown a small part of audio, which only reflects that the petitioner is using some filthy language and that the complainant has chosen to withhold the substantial part of audio, wherein he had been started the altercation by hurling abuses.

Notice of motion for 7.8.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Suresh Kumar, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the instant petition is accepted and the interim directions issued by this Court vide order dated 4.4.2024 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 7.8.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.08.07 16:41 I attest to the accuracy and authenticity of this document