Sahil Kumar v. Union Territory Of Chandigarh

CRA-S-2561-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRA-S-2561-2023 Date of Decision: 23.07.2024 Sahil Kumar ......... Appellant

Versus

Union Territory of Chandigarh and other ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present

Mr. Yashdeep Nain, Advocate for the appellant.

Ms. Roopse Sharma, Advocate for Mr. Anil Kumar Lamdharia, Addl. P.P. for the U.T., Chandigarh. **** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police Sta1on Sec1ons 28.09.2022 Cyber Crime, Chandigarh 3(1) (r), 3(1) (s), 3(1) (w) (ii) of SC/ST Act 1989, 506 IPC and 67 of Informa4on Technology Act The pe44oner incarcerated in the FIR cap4oned above, has come up before this Court under Sec4on 439 CrPC seeking bail.

2.

Vide order dated 24.01.2024, a co-ordinate Bench of this Court had granted interim an4cipatory bail to the pe44oner and the said order is con4nuing 4ll date. 3.

Counsel for the pe44oner submits that pe44oner had to do nothing with the offence and perusal of the FIR reflects that no offence is made out against the pe44oner under the provisions of SC/ST Act and there is also no evidence that the pe44oner misrepresented any body. Moreover, the complainant is married in the family of the pe44oner and there is no reason for the pe44oner to make casteist remarks against her. He further submits that the pe44oner was granted interim bail vide order dated 24.01.2024. 4.

State counsel opposes the bail and does not refute the claim of the pe44oner. On the other hand, complainant was served but she chose not to appear despite service. JYOTI 2024.07.31 09:18 I attest to the accuracy and integrity of this order/judgment.

CRA-S-2561-2023 5.

The pe44oner was granted interim protec4on vide order dated 24.01.2024 and in the interregnum, there is no allega4on that he had in4midated the witnesses, vic4m or that he had hampered the inves4ga4on, or despite being called to join the inves4ga4on, he did not appear before the inves4gator. Given the above, there would be no jus4fica4on to discon4nue the interim protec4on and present pe44on is allowed and interim order dated 24.01.2024 is made absolute. All pending miscellaneous applica4ons, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 23.07.2024 Jyo -II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2024.07.31 09:18 I attest to the accuracy and integrity of this order/judgment.