Anshika Through Her Mother Rajni Devi v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-39124-2024 (O&M) Anshika through her Mother Rajni Devi ... Petitioner

Versus

State of Haryana ... Respondent (II) Anshul ... Petitioner

Versus

State of Haryana ... Respondent Date of Decision:-14.11.2024

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sahil Nayyar, Advocate for the petitioner(s). Mr. Vishal Kashyap, DAG, Haryana.

Mr. Prince Rana, Advocate for Mr. Dhruv Gupta, Advocate for the complainant. ***** FIR No.

Dated Police Station Section/s 8.6.2024 Parao, Ambala Cantt, District Ambala 406, 420, 506 of Indian Penal Code and Section 4 of Prize Chits and Money Circulation Scheme (Banning) Act, 1978 GURVINDER SINGH GILL, J. (Oral) 1.

This order shall dispose of the aforesaid two petitions filed on behalf of petitioners Anshika and Anshul seeking grant of anticipatory bail in respect of aforementioned FIR.

2.

At the time of issuance of notice of motion in CRM-M-39124-2024, the following order was passed on 13.8.2024:

CRM-M-39124-2024 (O&M) & ( 2 ) "The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.182, dated 8.6.2024 at Police Station Parao, Ambala Cantt. District Ambala, Haryana, under Sections 406, 420, 506 of Indian Penal Code, Section 4 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

The FIR was lodged at the instance of Sanjeev Kumar, wherein it is alleged that the complainants are house wives and had fallen in the trap and had invested in two separate chit-funds w.e.f. 2021 and that the total amount invested was approximately Rs.1 Crore, which had been given to Rajni Sharma and her husband Rahul Sharma. It is alleged that Rajni Sharma and her husband Rahul Sharma had kept them assuring that the money would be returned shortly but the same was never returned and ultimately Rahul Sharma fled away from the country. When the complainant and others contacted Rajni Sharma, her son Anshul Sharma and daughter Anshika Sharma, they told the complainants that Rahul Sharma would be returning back soon and that their money is safe and kept on assuring them, but to no avail. It is alleged that on 7.6.2024, when the complainant and others went to the house of the accused, they were threatened of dire consequences by Rajni Sharma, Anshul Sharma and Anshika Sharma.

Learned counsel for the petitioner submitted that the petitioner is a young girl aged about 17 years and is infact a juvenile. It has been submitted that even as per the FIR, the entire amount had been handed over to Rahul Sharma and his wife Rajni Sharma and not to the petitioner, who had simply been roped in, in order to exert pressure upon the entire family. Learned counsel further submitted that if the allegations are taken to be correct inasmuch as the accused are stated to be in the business of chit-fund since the last 10 years, the same would mean that the petitioner was aged barely about 7 years, when she allegedly was into chit-fund business. Learned counsel for the petitioner further submitted that the petitioner is a student in DAV Senior Secondary Public School,

CRM-M-39124-2024 (O&M) & ( 3 ) Ambala pursuing 10+2 (Commerce) and that she has her half yearly examination in September, 2024.

Notice of motion for 14.11.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Similar directions were issued in CRM-M-43196-2024 vide order dated 3.9.2024.

4.

Learned State counsel, upon instructions from Investigating Officer, has informed that pursuant to interim directions, the petitioners have since joined investigation and they are not required for any custodial interrogation. 5.

Having regard to the aforestated position, wherein the petitioners are stated to have joined investigation and are not required for any custodial interrogation, both the petitions are accepted and the interim directions issued by this Court vide order dated 13.8.2024 (in CRM-M-39124-2024) and order dated 3.9.2024 (in CRM-M-43196-2024) are hereby made absolute, subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 6.

A copy of this order be placed on the file of connected case. 14.11.2024 ( Gurvinder Singh Gill ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No