Nitin v. State Of Haryana

CRM-M-34125-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34125-2024 Decided on : 03.12.2024 Nitin ...... Petitioner

Versus

State of Haryana ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Keshav Pratap Singh, Advocate for the petitioner.

Mr. Rahul Mohan, Sr. DAG, Haryana.

**** Manjari Nehru Kaul, J.

The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner in case FIR No.102 dated 17.03.2024 under Sections 147, 148, 308, 323, 325, 341 and 506 IPC (Sections 325 and 308 IPC added later on) registered at Police Station DLF, District Gurugram.

2.

On 13.09.2024, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:

"Learned counsel for the petitioner inter alia contends that a perusal of the FIR which has been reproduced in the body of the petition reveals that the petitioner has not been named therein nor has he been attributed any injury on the person of the injured; he is stated to have been present inside the club (place of initial occurrence) and the alleged altercation had taken place outside the SONIA BURA 2024.12.04 10:30 I attest to the accuracy and integrity of this document

CRM-M-34125-2024 -2said club. It has also been submitted that the investigating agency had retrieved a CCTV footage of the place of occurrence wherein also the petitioner was not visible with the other co-accused who allegedly inflicted injuries on the complainant party." 3.

Learned counsel for the petitioner submits that in compliance of order dated 13.09.2024, petitioner has joined the investigation and cooperated with the investigating officer. 4.

Learned State counsel, on instructions, has not disputed the submission made by learned counsel for the petitioner. Learned State counsel has further submitted that the petitioner is not required for custodial interrogation.

5.

In view of the above, present petition is allowed and interim order dated 13.09.2024 is made absolute subject to the conditions as envisaged in Section 438(2) Cr.PC/482(2) of BNSS. (MANJARI NEHRU KAUL) 03.12.2024 JUDGE sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.12.04 10:30 I attest to the accuracy and integrity of this document