Raj Kumar Alias Kaka v. State Of Punjab

       
 

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The present petition has been preferred seeking grant of anticipatory bail in case FIR No.110 dated 04.11.2023 under Sections 447. 454, 427 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984, at Police Station Division No.1, District Pathankot.

Notice of motion.

Mr. Siddharth Attri, AAG, Punjab, accepts notice on behalf of the State and has filed status report by way of an affidavit of Sh. Sumeer Singh, PPS, Deputy Superintendent of Police, Sub Division3City, District Pathankot along with the transcript of the relevant part of the video.

Learned counsel for the petitioner has submitted that even going by the transcript and the video, it is not the petitioner, who broke the boundary wall of the Civil Hospital, Pathankot, but rather one Karthik Mahajan is the one who allegedly broke the boundary wall and the petitioner was only found to be standing beside him.

Learned counsel for the petitioner further submits that after conducting a detailed inquiry by the concerned official, the statement of the petitioner was also recorded. Learned counsel for the petitioner submits that it is not a single video clip but many video clips were taken by residents of the society when due to torrential rainfall, the drainage system choked and blocked the natural flow of water. Heard learned counsel of the parties.

The petitioner is 58 years old man and nothing is to be recovered from him. More so, the entire FIR is based on some video clippings, which are already in possession of the authorities. Without commenting on the merits of the case, the petitioner is directed to join investigation on 04.12.2023 at 11:00 A.M. before the Investigating Officer and cooperate with the Investigating Agency even thereafter.

In the event of arrest, the petitioner be released on interim bail subject to furnishing personal/surety bonds to be satisfaction of the Arresting/Investigating Officer and the petitioner shall abide by the conditions as envisaged under Section 438(2) Сr.Р.С.

Adjourned to 17.01.2024.

It is made clear that this order shall not be used as parity or for the other co3accused Karthik Mahajan and the same shall be decided on its own merits."

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