Kuldeep Kumar v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-21203-2024 (O&M) Kuldeep Kumar ... Petitioner

Versus

State of Haryana ... Respondent (II) Amarjit ... Petitioner

Versus

State of Haryana ... Respondent Date of Decision:-21.8.2024

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Parminder Walia, Advocate for the petitioner(s). Mr. Neeraj Sheoran, DAG, Haryana.

***** FIR No.

Dated Police Station Section/s 22.11.2023 Panchkula Sector 7, Panchkula 148, 149, 323, 34, 365, 506 of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

This order shall dispose of the aforesaid two petitions filed on behalf of petitioners Kuldeep Kumar and Amarjit seeking grant of anticipatory bail in respect of aforementioned FIR.

2.

At the time of issuance of notice of motion in CRM-M-21203-2024, the following order was passed on 30.4.2024:

CRM-M-21203-2024 (O&M) & ( 2 ) "The petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No. 449, dated 22.11.2023, Police Station Sector 7, Panchkula, under Sections 148, 149, 323, 34, 365, 506 IPC.

The complainant alleges that on 04.11.2023, when he had gone to hospital Sector 6, Panchkula to inquire about well-being of his nephew, then about 15 persons including Kuldeep Surajpur, Vikas Surajpur, Vishal from Kharak Mangoli and Amarjit grappled with him and forced him into a vehicle and took him to market of Sector 6, Panchkula. The said persons gave beatings to him while he was in the car itself. When the complainant tried to get out of the car, they gave severe beatings to him. It is further alleged that Vishal made a video call to Naveen and said Naveen threatened to eliminate the complainant. Naveen told Vishal that complainant be taken to Surajpur and his legs be broken.

The complainant was taken to Surajpur where he was given beatings and the occurrence was also videographed and after issuing threats to the complainant, the accused went away leaving the complainant there. Learned counsel submits that he has falsely been implicated in the present case and that in any case, all the offences alleged except for offence under Sections 365 and 506 IPC are bailable offences and that no serious injury was found on the person of the complainant. It has further been submitted that the complainant is a seasoned criminal against whom about 10 FIRs stand registered. Notice of motion for 21.08.2024.

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

CRM-M-21203-2024 (O&M) & ( 3 ) 3.

Similar directions were issued in CRM-M-34658-2024 vide order dated 22.7.2024.

4.

Learned State counsel, upon instructions from Investigating Officer, has informed that pursuant to interim directions, the petitioners have since joined investigation and they are not required for any custodial interrogation. 5.

Having regard to the aforestated position, wherein the petitioners are stated to have joined investigation and are not required for any custodial interrogation, both the petitions are accepted and the interim directions issued by this Court vide order dated 30.4.2024 (in CRM-M-21203-2024) and order dated 22.7.2024 (in CRM-M-34658-2024) are hereby made absolute, subject to the condition that the petitioners 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. 6.

A copy of this order be placed on the file of connected case. 21.8.2024 ( Gurvinder Singh Gill ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No