Vivek Mehra v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 112+306 CRM-M-52041-2024 (O&M) Date of Decision:- 11.12.2024 VIVEK MEHRA ....Petitioner(s)

Versus

STATE OF HARYANA

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY 








  

Mr. Ramender Singh Chauhan, AAG Haryana.

Mr. Jatinder Kumar Kansal, Advocate for the complainant. ***** SANJIV BERRY, J. (ORAL) CRM-49044-2024 For the reasons stated in the application, same is allowed. Annexure P-3 is taken on record subject to all just exceptions. CRM-M-52041-2024 The instant petition has been preferred by the petitioner under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in the following case :- FIR No.

Dated Sections Police Station 19.08.2024 406, 420, 467, 468, 471 IPC City Dadri, District Charkhi Dadri, Haryana no. 2), Mo

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It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case on account of some misunderstanding and he is in custody since 29.08.2024. He submits that after the completion of investigation, challan has already been presented in Court and in the meanwhile, a compromise has been effected between the parties on 07.12.2024, copy whereof has been annexed as Annexure P-3. Thus prays for grant of concession of bail to the petitioner. 3.

Per contra, learned State counsel while referring to the status report filed by the State has contested the bail petition and prayed for dismissal of the same.

4.

Learned counsel for the complainant, on the strength of compromise (Annexure P-3) having been effected between the parties, has stated that the complainant has no objection, if bail is granted to the petitioner.

5.

Arguments heard.

6.

After considering the rival contentions and perusing the record, it transpires that the petitioner was arrested in this case on 29.08.2024. During the course of proceedings, admittedly, a compromise dated 07.12.2024 has been effected between the parties, copy of which has been placed on record as Annexure P-3. Learned counsel for the complainant has categorically stated at Bar that the complainant has no objection in case the petitioner is granted the concession of bail. Even otherwise, after the completion of investigation, challan has already been presented in Court. The criminal liability, if any, of the petitioner, could only be determined

-3after the conclusion of trial by the Court of Magistrate, which may take sufficient long time. In the circumstances, no purpose would be served by detaining the petitioner any longer.

7.

Consequently, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Judge on Duty/Duty Magistrate concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court; and not to tamper with evidence of prosecution in any manner. 8.

Any observation made above shall not be construed as opinion of this Court on the merits of the case.

9.

Pending miscellaneous application(s), if any, stands disposed of.

(SANJIV BERRY) JUDGE 11.12.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No