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High Court of Punjab and HaryanaCRM-M/24264/2021allowed

Gulshan v. State Of Haryana

2021-10-12Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-24264-2021 (O&M) Date of Decision:- 12.10.2021 Gulshan .... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Ishita Jain, Advocate for Mr. Namit Khurana, Advocate, for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana, assisted by ASI Mahesh Kumar.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No. 166, dated 13.6.2021, Police Station Mahesh Nagar, District Ambala, under Sections 148, 149, 323, 427, 452, 453, 506 IPC. 2.

At the time of issuance of notice of motion the following order was passed on 29.6.2021:

"Learned counsel for the petitioner contends that as per the FIR Vikrant accompanied by 7-8 persons had caused injuries to the complainant Amit Kumar and also to his brother Surinder after entering into their house with the help of bricks etc. and had also damaged their shop and their car, which was parked outside.

Learned counsel for the petitioner submits that a false FIR has been registered in the instant case and infact there is MOHAN SINGH 2021.10.12 17:09 I attest to the accuracy and integrity of this document

- 2 - CRM-M-24264-2021 (O&M) no medical evidence to support the allegations pertaining to causing of injuries. It has further been submitted that the petitioner, in any case, is not named in the FIR and is sought to be nominated on the basis of a disclosure statement allegedly made by co-accused Vikrant.

Notice of motion for 12.10.2021.

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.

The learned State counsel, upon instructions from ASI Mahesh Kumar, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required.

4.

In view of the aforesaid submission, the petition is accepted and the interim directions issued by this Court vide order dated 29.6.2021 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.

12.10.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.10.12 17:09 I attest to the accuracy and integrity of this document