Pradeep Kumar v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-11.12.2024 Pradeep Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kamal Chaudhary, Advocate, for the petitioner.

Mr. Neeraj Sheoran, DAG, Haryana, assisted by SI Karambir.

***** FIR No.

Dated Police Station Under Section/s 20.6.2024 Dabua, District Faridabad 420, 120-B of Indian Penal Code and Sections 63 & 65 of Copyright Act GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of the aforementioned FIR.

2.

At the time of issuance of notice of motion, the following order was passed on 22.8.2024:

"This petition has been filed under Section 438 of Cr.P.C for grant of anticipatory bail to the petitioner in FIR No. 294 dated 20.06.2024 under Sections 420 and 63, 65 of Copyright Act, 120-B IPC added later on registered at Police Station Dabua, District Faridabad. Learned counsel for the petitioner inter-alia submits that the petitioner has been nominated on the basis of disclosure statement

( 2 ) of the co-accused made in the custody and have already been granted regular bail. He further submits that neither Section 420 nor Sections 63, 65 of Copyright Act are attracted. Notice of motion.

Mr. Karan Sharma, DAG, Haryana appears and accepts notice on behalf of the respondent-State. He seeks some time to file status report. A copy of the paper book be supplied to him during the course of the day. On asking, learned State counsel submits that till today statement of none of the persons have been recorded who have been cheated by purchasing the fake paint.

List on 11.12.2024.

In the meantime, the petitioner is directed to join the investigation as and when called by SHO/Investigating Officer and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds and surety bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 438 (2) Cr.P.C.:- (i) that the petitioner shall make himself available for interrogation before the investigating officer as and when required: (ii) that the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave the country without prior permission of the Court concerned.

Status report be filed on or before the next date of hearing with an advance copy to the counsel opposite."

3.

Reply by way of affidavit of Shri Aman Yadav, HPS, Assistant Commissioner of Police, Crime Faridabad has been filed by learned State counsel, which is taken on record.

( 3 ) 4.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions issued by this Court on 22.8.2024, the petitioner has since joined investigation and he is not required for any custodial interrogation.

5.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 22.8.2024 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 482 BNSS. 11.12.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No