Jitender v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-7.12.2020 Jitender ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sanjiv Gupta, Advocate for the petitioner. Mr. Karan Sharma, AAG, Haryana.

(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.241 dated 20.7.2020 at Police Station Sadar, Sirsa under Sections 186, 332, 353 and 506 of Indian Penal Code, 1860.

2.

The FIR was lodged at the instance of Nathu Ram, Block Agriculture Officer, Sirsa, wherein it is alleged that on 11.7.2020 at about 7.30 PM, he alongwith other officials were on official duty in connection with controlling the locust attack in village Madhosinghana and other villages, then they were confronted by the petitioner who stated that about 4 lakhs 'tiddies' are

( 2 ) present in his fields. When the complainant told him that locust will move after sunset and that they would spray insecticides and asked him to make loud noise so as not to allow locust to affect his crops, the petitioner is alleged to have become aggressive and also is alleged to have threatened and gave kicks and tried to run over the complainant with his jeep. 3.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that although the petitioner might have been enraged and tense on account of locust attack but the incident as alleged by the officials had never taken place and that, in any case, it is nobody's case that anyone from the complainant side had sustained any injury.

4.

Opposing the petition, the learned State counsel has submitted that since the petitioner is specifically named in the FIR and there are direct allegations against him, no case for grant of bail is made out. Learned counsel, upon instructions from ASI Rajbir, 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.

5.

Having regard to the facts and circumstances of this case and the nature of the allegations as levelled in the FIR and while noticing the fact that the petitioner has already joined the investigation and is not required for any custodial interrogation and is not stated to be involved in any other case, the petition is accepted and the interim directions issued by this Court vide order dated 7.8.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and

( 3 ) 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