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High Court of Punjab and HaryanaCRM-M/20445/2020allowed

Aniket Singh v. State Of Punjab

2020-12-07Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-20445-2020 (O&M) Date of Decision:-7.12.2020 Aniket Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Shailendra Sharma, Advocate for the petitioner. Mr. Sukhbeer Singh, Assistant Advocate General, Punjab. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.38 dated 8.5.2020 at Police Station Julkan, District Patiala under Sections 363 and 366-A of Indian Penal Code, 1860.

2.

At the time of issuance of notice of motion on 27.7.2020 the following order was passed:

" Learned counsel for the petitioner submits that the petitioner had not used any force or enticed away the alleged victim and that the victim had left her house on her own accord and had solemnized marriage with the petitioner and pursuant to solemnization of marriage the PANKAJ KAKKAR 2020.12.07 16:46 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-20445-2020 (O&M) victim had approached this Court by way of filing CRWP-4092-2020 seeking protection for herself as well as for the petitioner which was disposed of vide order dated 24.6.2020 (Annexure P-3). It has further been submitted that after the alleged victim was recovered her statement in terms of Section 164 Cr.P.C. was recorded wherein she categorically stated that she had left her house at her own accord. Notice of motion for 7.12.2020.

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 Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C." 3.

The learned State counsel, upon instructions from ASI Lakhwinder Singh, 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.

Having regard to the facts and circumstances of this case and that the petitioner has already joined the investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 27.7.2020 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. 7.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.12.07 16:46 I attest to the accuracy and integrity of this document