Amit Arora v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-14.9.2022 Amit Arora ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. A.S. Gulati, Advocate for Mr. Monty Goyal, Advocate for the petitioner. Ms. Swati Batra, DAG, Punjab, assisted by ASI Jaspal Singh.

***** 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.0064, dated 20.5.2022, Police Station Dugri, District Ludhiana, under Section 67(A) of Information & Technology Act, 2000, wherein the allegations are broadly to the effect that the petitioner had sent videos of the complainant himself in the company of some girls to the complainant and had also blackmailed him of an amount of Rs.14 lakhs while holding out a threat that he will send the said videos to complainant's wife.

2.

While granting interim bail to the petitioner, the following order was passed on 22.7.2022:

( 2 ) "Learned counsel for the petitioner has submitted that he has brought the mobile phone belonging to the petitioner which has the objectionable recordings in question. The mobile phone in question as well as recordings therein have been shown to HC Jagpreet Singh and the same has been handed over back to learned counsel for the petitioner. However, it has been informed by learned State counsel that the official present in Court today is not the Investigating Officer.

In view of the aforestated position, the petitioner is directed to handover the mobile phone to the Investigating Officer concerned on 26.7.2022. The petitioner is directed not to tamper with the mobile phone in any manner.

List on 14.9.2022.

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.

Learned State counsel, upon instructions from ASI Jaspal Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation and has handed over his mobile phone to the Investigating Officer and that he is not required for any custodial interrogation. It has, however, been informed that the petitioner otherwise happens to be involved in two other cases.

4.

Having regard to the facts and circumstances of the case particularly that the petitioner has joined investigation and has handed over his mobile phone to the police and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated

( 3 ) 22.7.2022 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. 14.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No