Deepak Kumar v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-52195 of 2019 (O&M) Date of Decision: December 12, 2019 Deepak Kumar ..........PETITIONER

VERSUS

State of Haryana ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Gourav Verma, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 790 dated 25.07.2019 registered for the offences punishable under Sections 343, 379-A, 420, 427, 201, 120-B, 506 of Indian Penal Code and 66(c) of the Information Technology Act at Police Station City Jagadhri, District Yamuna Nagar.

Heard.

Notice of motion.

On asking of the court, Mr. Kuldeep Sharma, D.A.G., Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

As per the case of prosecution, the complainant a Russian

-2nationalist came into contact with petitioner through dating website. She came to India and from Airport she was taken by petitioner to Chandigarh where they stayed in a hotel for 08 days. During this time, he kept on asking her for money and hit his head against a wall and also put up a fork on his throat to kill himself. From 21.07.2019 to 24.07.2019 they changed the hotel and on 24.07.2019, petitioner left hotel and took away 14,606 U.S. Dollars and mobile phone of complainant.

The matter was reported to the police. A complaint was taken to Russain Embassy and then present FIR was registered. Learned counsel for the petitioner submits that this is a case of affair between the complainant and petitioner but they could not pull on together and this FIR has been got registered by the complainant. Learned State counsel submits that the petitioner was arrested on 26.07.2019 and recovery of cash and mobile has been effected. After completion of investigation, challan against him has been presented in the Court.

Keeping in view the facts of the case and that challan against the petitioner has been presented before the Court and conclusion of trial will take considerably long time, the present petition is allowed. Petitioner Deepak Kumar is ordered to be released on regular bail on his furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The

-3trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) December 12, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No