Naveen v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 24.07.2023 Naveen ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Mukesh Yadav, Advocate for the petitioner. Ms. Mayuri Lakhanpal Kalia, DAG Haryana.

******* ALKA SARIN, J. (Oral) 1.

The present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.55 dated 29.09.2022 under Sections 328, 363, 366, 376(2)(n), 506 and 120-B of the Indian Penal Code, and Section 25 of the Arms Act, 1959 registered at Women Police Station Narnaul, District Mohindergarh.

2.

On 21.11.2022 the following order was passed : "Learned counsel for the petitioner contends that he has solemnized the marriage with the complainant. Marriage certificate dated 08.08.2022 and the photographs showing the solemnization of marriage are attached with the present petition as Annexures P-1 and P-3, respectively. He relies upon the order dated 08.08.2022 passed by learned Sessions Judge, Narnaul whereby, a protection petition file by the petitioner as well as by the complainant was withdrawn. A joint

-2statement to the effect that they do not need protection was also made. Further from perusal of the photographs (Annexure P-3 collectively), apart from the affidavit (Annexure P-4) executed by the complainant-Sneh, daughter of Ashok Kumar, it is suffice to draw inference that the marriage has actually taken place.

Notice of motion for 14.02.2023.

On the asking of Court, Mr. Chetan Sharma, AAG, Haryana accepts notice on behalf of respondent and seeks time to file status report.

Meanwhile, the petitioner shall join the investigation and would be present as and when called for and in the event of his arrest, shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 438(2) Cr.P.C."

3.

Learned counsel for the petitioner states that the petitioner has since joined the investigation and fully cooperated. 4.

Learned counsel for the State, on instructions from Inspector Sharda has stated that the petitioner has since joined investigation and fully cooperated and that he is no longer required for further custodial interrogation as of now.

5.

In view of the above, the order dated 21.11.2022 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as

-3specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 24.07.2023 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO