Davendra Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-21.02.2023 DAVENDRA SINGH ... Petitioner(s)

Versus

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

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Ranvir Singh Rana, Advocate for the petitioner.

Mr. Naveen Kumar Sheoran, DAG, Haryana.

Mr. Karan Bhardwaj, Advocate for the complainant.

-.- KARAMJIT SINGH , J. (Oral) CRM-8515-2023 The complainant being necessary party, the present application is allowed and he is impleaded as respondent No.2 in the memo of parties. Amended memo of parties is ordered to be taken on record. CRM-8351-2023 The application is allowed and offence under Section 420 IPC be added in the petition.

( 2 ) Amended petition is also taken on record.

Main Case Prayer is for grant of anticipatory bail in case having FIR No.503 dated 19.11.2022 registered under Sections 406, 506 IPC (Section 420 IPC added later on) at Police Station Yamuna Nagar Sadar, District Yamuna Nagar.

FIR in this case was registered alleging therein that the petitioner was having cordial relations with the complainant and that the petitioner, who was working as Professor at Seth Jai Parkash College, Damla approached the complainant that he can make gold using different chemicals and in this manner, the petitioner lured the complainant to hand over amount of `4 lac to him on the pretext that in lieu of the same, he would hand over gold to the petitioner and the petitioner also promised to return the double of the given amount.

On the last date of hearing, detailed order was passed by this Court and interim bail was granted to the petitioner with direction to join investigation.

The counsel for the petitioner submits that the petitioner has joined investigation with the police in compliance of aforesaid order and further submits that the petitioner is a respectable person, who retired as a Professor from Polytechnic college.

The present petition is vehemently contested by the counsel appearing on behalf of the complainant, who submits that the petitioner has enticed different persons including the complainant, by proclaiming that he

( 3 ) could prepare gold using different chemicals and in particular, he duped the complainant by taking amount of `4 lacs from the complainant. The counsel for the complainant further submits that as per his instructions the petitioner has deceived some other persons also in a similar manner. State counsel on instructions from SI Gian Singh submits that the petitioner has joined investigation with the police and that the petitioner is having no criminal history.

In view of the above, as the petitioner has joined investigation with the police, without commenting on the merits of the case, the present petition is hereby allowed and order dated 8.12.2022 is hereby made absolute. The petitioner should abide by the conditions envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 21.02.2023 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No