Arun v. State Of Haryana



  
       
   



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) "1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in case FIR No.129 dated 22.03.2024, under Sections 454/380 of the IPC, registered at P.S. Mahesh Nagar, District Ambala.

2. The learned counsel for the petitioner submits that the present FIR does not embody the name of the petitioner, rather it has been registered against unknown person(s). Moreover, the present FIR suffers from the vice of delay and laches, as it has been registered after a delay of 11⁄2 months. The petitioner has been entangled in the present FIR merely on the supplementary statement of Smt. Rasloon (mother of the complainant), which was recorded much belatedly on 29.03.2024, and wherein, she alleged that she has identified the petitioner/accused in the footage of the CCTV Camera installed at the spot.

3. The learned counsel for the petitioner further submits that the investigating agency has erred in nominating the petitioner as an



















accused merely on the basis of CCTV Footage, as, first of all, owing to unclear video quality, it is quite impossible to recognize and identify the person visible in the said CCTV footage, and secondly, even if the CCTV footage is taken to be true, even then only a person can be seen passing from that vicinity, which can, by no stretch of imagination, establish any connection between the alleged theft and the petitioner.

4. Notice of motion for 23.05.2024.

5. Mr. Bhupender Singh, D.A.G., Haryana, accepts notice on behalf of respondent-State of Haryana.

6. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C."

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