Sunil Kumar Chaturvedi v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.37121 of 2024 (O&M) Date of Decision: 05.09.2024 Sunil Kumar Chaturvedi

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Naresh Jain, Advocate for the petitioner. Petitioner in person.

Mr. Vikrant Pamboo, Sr. DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 11.04.2024 Sushant Lok, Gurugram, District Gurugram 420, 406 and 120-B IPC (467, 468, 471 IPC added later on) 1.

The petitioner apprehending his arrest in the FIR captioned above, has come up before this Court under Section 482 BNSS, 2023, seeking anticipatory bail. 2.

Vide order dated 02.08.2024, the petitioner was granted interim bail which is continuing till date.

3.

Counsel for the petitioner submits that the amount corresponding to value of the vehicle in question stands paid and prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

4.

Counsel appearing for respondent No.2 does not dispute this fact and submits that no settlement has yet taken place and opposes the bail for the reasons of interest part on delay payment. He further submits that he has all the rights to ask for fair investigation and to speed up the prosecution.

5.

Counsel for the State opposes the bail but does not refute the submissions made by counsel for the petitioner.

6.

Given the nature of allegation and the fact that there is no allegation that petitioner did not join investigation or failed to appear before the investigator concerned or hamper the investigation. The amount involved in the present case has already been paid. As such, the petitioner is entitled for bail.

7.

Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 8.

While furnishing a personal bond, the petitioner shall mention the following personal identification details:

1.

AADHAR number 2.

Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

3.

Mobile number (If available) 4.

E-Mail id (If available) 9.

This order is subject to the petitioner's complying with the following terms. 10.

The petitioner is directed to join the investigation within seven days and as and when called by the Investigator. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

11.

The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

12.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

13. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

14. Given above, the present petition is allowed. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 05.09.2024 Whether speaking/reasoned:

Yes Whether reportable:

No.