Vijay Kumar v. State Of Haryana And Another

CRM-M-40094-2021 (O&M) [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-40094-2021 (O&M) Date of Decision: 15.02.2022 Vijay Kumar ..........................................Petitioner

Versus

State of Haryana and another.................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

(through video conferencing)

Present:

Mr. Ashit Malik , Advocate for the petitioner.

Ms. Gaganpreeet Kaur, AAG, Haryana.

Mr. Sagar Aggarwal, Advocate for the complainant/respondent No.2.

...

MANJARI NEHRU KAUL, J. (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.156 dated 08.08.2021 under Sections 323, 34, 376(2) (n), 506 IPC registered at Women Police Station, Panipat, District Panipat. Learned counsel for the petitioner submits that after the registration of the FIR in question, marriage between the prosecutrix and her first husband has been dissolved by way of decree of divorce dated 21.10.2021. Learned counsel appearing for the complainant does not controvert the submission made by counsel opposite qua the marriage of the parties having been dissolved.

Learned counsel for the petitioner submits that in compliance RUPINDER KAUR 2022.02.15 16:37 I attest to the accuracy and integrity of this document

CRM-M-40094-2021 (O&M) [ 2 ] of order dated 29.10.2021 the petitioner had joined investigation and cooperated with the investigating agency. Therefore, the present petition be allowed.

Learned counsel for the State, on instructions from ASI Santosh, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigation agency. She also submits that the petitioner is not required for further investigation much less for his custodial interrogation. It is further submitted that cancellation report has been prepared by the police which would be filed very shortly before the concerned court.

I have heard the learned counsel.

In the wake of the statement made by the learned State counsel, the instant petition is allowed and order dated 29.10.2021 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. ( MANJARI NEHRU KAUL) 15.02.2022 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2022.02.15 16:37 I attest to the accuracy and integrity of this document