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High Court of Punjab and HaryanaCRM-M/23298/2021allowed

Reena Devi v. State Of Haryana

2021-08-16Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.23298 of 2021 Date of Decision:13.08.2021 REENA DEVI ......Petitioner Vs STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr.R.K Bagga, Advocate for the petitioner.

Mr. Anant Kataria, DAG, Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.235 dated 09.05.2021 registered under Sections 148, 149, 323, 324, 326, 506 IPC and 25 of Arms Act, at Police Station Pundri, District Kaithal. Notice of motion was issued on 17.06.2021 by passing the following order:- "Inter alia contends that the petitioner is a 45 years old lady who along with her two sons has been falsely implicated in the FIR in question. Petitioner is sought to be arrested, notwithstanding that neither any injury is attributed to her nor any other overt role of any kind as per the FIR allegations made by the complainant. Learned counsel submits that the elder son of the petitioner is already in custody, who is stated to have allegedly caused injury on the complainant. While the younger son, being a juvenile, has been

accorded the concession of bail. He further contends that nothing has been or is to be recovered from the petitioner so as to seek her custody. He further submits that only vague allegations have been made by the complainant against the petitioner viz. she had caught hold the victim Rajesh, who is stated to have suffered simple injury. He submits that it is highly improbable that a young healthy man could have been caught hold by the petitioner and the said allegations qua her are totally fictitious only to implicate her in the FIR.

Notice of motion.

Learned State counsel, on advance service, joins proceedings and accepts notice on behalf of the respondent-State of Haryana and seeks time to get instructions.

Adjourned to 16.08.2021.

In the meanwhile, petitioner shall join the investigation within a period of 15 days from today and subject thereto, no coercive steps qua arrest of the petitioner shall be taken till the next date of hearing."

17.06. 2021 (ARUN MONGA) gurpreet JUDGE Learned counsel for the petitioner submits that in compliance of the order dated 17.06.2021, petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from ASI Sandeep Kumar admits the aforesaid fact and further submits that the presence of the petitioner is no more required for further investigation in the case.

For the reasons recorded in the order dated 17.06.2021, the same is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and she shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 16.08.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No