Anil Kumar v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 24.3.2021 Anil Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Parminder Singh, Advocate, for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by Inspector Pawana.

Mr. Nigam Bhardwaj, Advocate, for the complainant. (Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.89, dated 22.10.2020, Police Station Women Karnal, District Karnal, under Sections 376(2)(n), 323, 506, 120-B IPC.

2.

At the time of issuance of notice of motion the following order was passed on 28.12.2020:

"As per the case of the prosecution, the complainant had been living in a live-in relationship with Love Chauhan for about 4 years having been induced by a false representation of marriage. It is alleged that when the sister of Love Chauhan

- 2 - was to get married, Love Chauhan and other members of his family made the complainant contribute huge money towards purchasing of a Fortuner Car. It is further alleged that aforesaid Love Chauhan after having got the amount is now refusing to solemnize marriage with the complainant.

Learned counsel for the petitioner has submitted that a false FIR had been lodged against the petitioner at the instance of the complainant and that the petitioner has been roped in being father of Love Chauhan. It has further been submitted that the payments alleged o be made by the complainant were in fact made by the family of the petitioner as would be evident from the account statement which does show that part of the amount was deposited through RTGS i.e. an amount of Rs.2 lakhs by Rajbir, who had taken the joint land of the petitioner on lease vide agreement Annexure P-2. Notice of motion for 24.03.2021.

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

3.

The learned State counsel, upon instructions from Inspector Pawana, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and is not required for any custodial interrogation. It has further been informed that the main accused Love Chauhan had already been granted regular bail. 4.

Having regard to the aforestated position wherein this Court finds that the petitioner has already joined investigation and is not required

- 3 - for any custodial interrogation, the instant petition merits acceptance. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 28.12.2020 are hereby made absolute subject to the condition that the petitioner 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.

March 24, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No