Bablu @ Lovepreet And ANR v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.211 Case No. : Crl. Misc. No.M-35406 of 2021 Date of Decision : January 10, 2022 Bablu @ Lovepreet and another ....

Petitioners vs.

State of Punjab ....

Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) Present :

Mr. Deepak Arora, Advocate for the petitioners.

Mr. Rehat Bir Singh Mann, DAG, Punjab.

* * * MANJARI NEHRU KAUL , J.

(Oral) :

Prayer in this petition is for grant of anticipatory bail to the petitioners in FIR No.68 dated 05.08.2021 under Sections 452, 354, 324, 323, 149 IPC registered at Police Station Qadian, Police District Batala. Learned counsel submits that the petitioners have been framed in the case on account of the fact that the complainant and her husband were running a racket of human trafficking and they would extract money from innocent persons on false assurances of sending them abroad. Learned counsel submits that the petitioners were also one of those victims and since they had been now demanding back their money from the complainant, the case in hand was foisted upon them.

In support of his submissions, learned counsel has invited the attention of this court to Annexures P2 and P3 wherein some money transactions stated to have taken place between the complainant and petitioner No.2 stands reflected. Learned counsel further submits that even otherwise only simple injuries have been attributed qua both the petitioners on the left elbow and forehead of the complainant. He also submits that a perusal of the contents of the FIR clinchingly reveals that the essential ingredients to attract the mischief of Section 354 IPC is clearly amiss in the case in hand in addition to the fact that there is a delay of 08 days in the lodging of the FIR from the date of the alleged occurrence. MONIKA 2022.01.

Crl. Misc. No.M-35406 of 2021 : 2 :

Learned counsel submits that in compliance of the order dated 31.08.2021, the petitioners have joined investigation and co-operated with the investigating agency.

Learned State counsel, on instructions, does not dispute the factum of the petitioners having joined investigation. He has further apprised this Court that the petitioners are no longer required for further interrogation.

In view of the above, the petition is allowed and interim order dated 31.08.2021 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

January 10, 2022 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No MONIKA 2022.01.10 18:52 I attest to the accuracy and integrity of this document