High Court of Punjab and HaryanaCRM-M/45312/2022allowed

Bala Devi v. State Of Haryana

2023-01-17Mr. Justice Anoop Chitkara1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 210(1) CRM-M-45312-2022 Date of Decision: 17.01.2023 Bala Devi ......... Petitioner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. K.S. Godara, Advocate for the petitioner. Mr. Manish Bansal, D.A.G, Haryana.

**** ANOOP CHITKARA, J. (ORAL) Counsel for the petitioner submits that there is a cross case. At the instance of petitioner-Bala Devi, one FIR under Section 307 IPC has been registered against the complainant. He further submits that he would have no objection in case any stringent conditions this Court might put upon the petitioner. Given the undertaking of counsel for the petitioner that the petitioner shall comply with the stringent conditions, the bail order dated 29.09.2022 is made absolute, subject to the following conditions:

(i) Given the nature of allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority within ten days of release from prison and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case. (ii) Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall not enter the property, workplace, and the residence of the victim and shall also not enter within a radius of 100 meter from the victim's home till the recording of the statements of all non-official and informal witnesses in the trial.

This Court is imposing this condition to rule out any attempt by the accused to incapacitate, influence, or cause any discomfort to the victim. Reference be made to Vikram Singh v Central Bureau of Investigation, 2018 All SCR (Crl.) 458); and Aparna Bhatt v. State of Madhya Pradesh, 2021 SCC Online SC 230.

(ANOOP CHITKARA) JUDGE 17.01.2023/Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.01.18 10:13 I attest to the accuracy and integrity of this order/judgment.