High Court of Punjab and HaryanaCRM-M/37531/2021disposed of

Neeraj Kumar v. State Of Haryana

2022-02-15Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH -.- CRM-M-37531-2021 (O&M) Date of Decision : 15.02.2022 Neeraj Kumar ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. J.P.Jangu, Advocate for the petitioner.

Mr. Viney Phogat, DAG Haryana.

ALKA SARIN, J. (Oral) Taken up through video conferencing.

On 10.09.2021, the following order was passed:- "

The Court has been convened through video conferencing due to Covid-19 Pandemic.

Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.139 dated 09.07.2021, registered for offences under Sections 307, 342, 365, 506 and 34 of the Indian Penal Code, 1860, at Police Station Sector 6, Dharuhera, District Rewari (Annexure P-1).

Counsel for the petitioner submits that the petitioner is not named in the FIR and he has been roped in on the basis of confessional statement of coaccused, Amit, who has been arrested. Counsel urges that the petitioner is a close relative of the main accused, Amit and Naveen and for this reason, he has been involved in the FIR.

Notice of motion.

TRIPTI SAINI 2022.02.16 14:41 I attest to the accuracy and integrity of this document

CRM-M-37531-2021 (O&M) -2On asking of the Court, Mr. Kuldeep Tiwari, Additional Advocate General, Haryana accepts notice on behalf of respondent-State.

List on 15.02.2022.

Meanwhile, the petitioner shall join the investigation and would appear as and when called for by the Investigating Officer. In the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner has stated that the petitioner has since joined the investigation and has fully co-operated with the investigation.

Learned counsel for the State, on instructions from ASI Surender, has stated that the petitioner has since joined investigation and that he is not required for custodial interrogation as of now. In view of the above, the order dated 10.09.2021 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.

Disposed off accordingly.

February 15, 2022 ( ALKA SARIN ) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO TRIPTI SAINI 2022.02.16 14:41 I attest to the accuracy and integrity of this document