Navratan v. State Of Haryana

2023:PHHC:132929 CRM-M-52020-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52020-2023 Date of Decision: 12.10.2023 Navratan ...... Petitioner

Versus

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

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr.Sukesh Kumar Jindal, Advocate, for the petitioner.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present first petition has been filed by the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.364 dated 18.09.2023, registered under Sections 148, 149, 323, 452 and 506 of the Indian Penal Code, 1860, at Police Station Sector 13-17, District Panipat. 2.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner is not involved in the crime as alleged against him. Even as per the story of the prosecution, the allegation is qua tress-passing and having, allegedly, caused injury to the complainant. However, the offences on account of the said injury are bailable in nature. The other offences have been added only to deprive the petitioner of his right to get bail. There is no other case against the petitioner. The petitioner undertakes to join the investigation as and when so required by the police. Therefore, the petitioner deserves to be protected against his arrest.

VIRENDRA SINGH ADHIKARI 2023.10.12 16:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:132929 CRM-M-52020-2023 -23.

Notice of motion.

4.

Mr. K.K.Chahal, Additional Advocate General, Haryana, accepts notice on behalf of the respondent-State. 5.

Learned counsel for the respondent-State, on instructions from HC Dinesh Kumar, has submitted that the petitioner had tress-passed in the shop of the complainant and had caused injury to him. The police require the custodial interrogation of the petitioner to recover the danda with which the injury was caused. Hence, the petitioner does not deserve any concession of anticipatory bail. However, it is not disputed that there is no other case against the petitioner and that the offences relating to the injury are bailable in nature.

6.

In view of the above, but without commenting upon merits of the case, the present petition is disposed of by granting concession of anticipatory bail to the petitioner. Therefore, it is directed that in case of his arrest, the petitioner shall be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of Arresting/Investigating Officer. However, it is further directed that the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

(RAJBIR SEHRAWAT) JUDGE 12.10.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.10.12 16:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh