Rajender v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 12.10.2023 RAJENDER .... Petitioner

VERSUS

STATE OF HARYANA .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Rao Ajender Singh, Advocate for the petitioner. Ms. Mayuri Lakhanpal Kalia, DAG Haryana.

ALKA SARIN, J. (ORAL) 1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.093 dated 26.07.2021 registered under Sections 376, 415, 420, 467, 468 of the Indian Penal Code, 1860 at Police Station Women Police Station Rewari, District Rewari.

2.

On 24.09.2021 the following order was passed : "This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.093, dated 26.07.2021, registered under Sections 376, 415, 420, 467, 468 of IPC, at Women Police Station, Rewari, District Rewari.

-2- Counsel for the petitioner herein would contend that the entire dispute revolves around a three-wheeler which is in the name of the petitioner and he is paying the installments of the same, whereas the prosecutrix claims that she is paying the said installments. It is contended that the parties were well known to each other and wrong allegation had been made that the petitioner herein had exploited her by promising marriage.

Notice of motion for 04.03.2022.

Meanwhile, the petitioner is directed to join the investigation within a period of one week and on his doing so, the petitioner be released on interim bail subject to his furnishing personal/surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C." 3.

Learned counsel for the petitioner would contend that pursuant to the said order, the petitioner had joined investigation and has fully cooperated.

4.

Learned counsel for the State, on instructions from ASI Sushila, has stated that the petitioner has since joined investigation and has fully cooperated and that he is no longer required for further custodial

-3interrogation as of now.

5.

In view of the above, the order dated 24.09.2021 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed of accordingly. Pending applications, if any, also stand disposed of.

12.10.2023 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO