Vishwajeet Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-49437-2022 Date of Decision:-15.02.2023 VISHWAJEET KUMAR ... Petitioner(s)

Versus

STATE OF HARYANA ... Respondent(s) -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Ms. Mehak Sawhney, Advocate for the petitioner Mr. Naveen Kumar Sheoran, DAG, Haryana.

-.- KARAMJIT SINGH , J. (Oral) Prayer is for grant of anticipatory bail in case having FIR No.729 dated 3.12.2021 registered under Sections 420, 34 IPC at Police Station Gurugram Sadar, District Gurugram.

The allegations in nut-shell are that one Rohit Bhadoria and petitioner-Vishwajeet Kumar took amount of `15 lac by way of donation from the complainant on the pretext of getting admitted his son in some stream in Index College, Namawar Road NH59A, Indore against Management Seat, but later on they failed to fulfill their promise and also refused to return the amount. There are specific allegations against the petitioner that out of the aforesaid amount, he received `5 lac through RTGS while the balance amount was received by co-accused Rohit Bhadoria, who gave cheque of `10 lac to the complainant but the same was also dishonored. GAURAV SOROT 2023.02.16 09:26 I attest to the accuracy and authenticity of this order, judgment and documents.

( 2 ) CRM-M-49437-2022 Status report by way of affidavit of SI Sandeep Kumar along with Annexure R-1 is ordered to be taken on record. On the last date of hearing detailed order was passed by this Court whereby the interim bail was granted to the petitioner with direction to join investigation with the police.

Counsel for the petitioner submits that the petitioner has already repaid amount of `5 lacs to the complainant and further the petitioner has joined investigation with the police in compliance of the previous order of interim bail passed by this Court.

State counsel on instructions from SI Sandeep submits that the indeed the petitioner has joined investigation with the police. The State counsel further submits that the amount of `5 lacs which was received by the petitioner stands returned by him to the complainant and that now the petitioner is not required by police for further investigation or for custodial interrogation.

In view of the above, without commenting on the merits of the case, the present petition is hereby allowed and order dated 21.10.2022 is hereby made absolute. The petitioner should abide by the conditions envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 15.02.2023 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2023.02.16 09:26 I attest to the accuracy and authenticity of this order, judgment and documents.