Himanshu Garg v. State Of Haryana

CRM-M-53063-2024 (O&M)
Sr. No.213

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-53063-2024 (O&M) Date of decision: 17th December 2024 HIMANSHU GARG ........Petitioner versus STATE OF HARYANA .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Kamal Narula, Advocate for the petitioner.

Mr. Amrik Singh Narwal, D.A.G., Haryana.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail to the petitioner in case FIR No.347 dated 12.08.2024, under Sections 323, 498-A, 509 IPC, 1860, registered at Police Station Gandhi Nagar, Yamunanagar, District Yamunanagar (Annexure P-1). 2.

The petitioner was directed to join investigation, as per order dated 28.10.2024.

3.

Learned State counsel has filed status report dated 11.12.2024, by way of an affidavit of Sh. Rajesh Kumar, HPS, Deputy Superintendent of Police, Yamuna Nagar-II, on behalf of respondent-State, which is taken on record.

3.1 Learned State counsel has confirmed that the petitioner has joined investigation in compliance of the order dated 28.10.2024. It is further contended that further custodial interrogation of the petitioner is not required.

SIMRANDEEP KAUR 2024.12.18 16:12 I attest to the accuracy and integrity of this document

CRM-M-53063-2024 (O&M)  4.

The allegations against the petitioner are matter of trial. 5.

In view of the reasons recorded in the order dated 28.10.2024 and keeping in view the fact that the petitioner has joined investigation and his further custodial interrogation is not required by the Investigating Agency, the present petition is allowed. Order dated 28.10.2024, granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) Cr.P.C.

6.

However, it is made clear that nothing expressed hereinabove would be construed to be an expression of opinion on merits of the case. 7.

Liberty is reserved in favour of the State/complainant to move for cancellation/recalling of the order in case the petitioner violates any condition stipulated under Section 438(2) Cr.P.C., or upon showing any other sufficient cause.

8.

Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 17th December 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.12.18 16:12 I attest to the accuracy and integrity of this document