Manu Kumar v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-20.12.2023 Manu Kumar ......Petitioner

Versus

State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Amanpreet (A.P.) Singh, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

Mr. Saurabh Sabherwal, Advocate for respondent No. 2.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed for grant of regular bail to the petitioner in case FIR No. 20 dated 06.04.2023 under Sections 406 and 420 of Indian Penal Code (Section 120-B of IPC added later on), registered at Police Station Cyber Crime, District Panchkula. 2.

Learned counsel for the petitioner has submitted that the matter has been resolved between the parties and the complainant-respondent No. 2 has been adequately compensated.

3.

On the strength of the above, he prays for grant of regular bail to the petitioner.

4.

Custody certificate of the petitioner has been filed by learned State counsel in Court today, which is taken on record, subject to all just exceptions.

5.

According to the custody certificate, the petitioner is in custody for last 01 month and 27 days.

6.

At this stage, learned counsel for the respondent No. 2 has submitted that the compromise has been duly effected and he does not have any objection to the grant of concession of regular bail to the petitioner. 7.

Though his no objection is inconsequential, nonetheless, considering the fact that the money involved has been repaid to the complainant along with the interest and the fact that the trial is likely to take long time, therefore, no useful purpose would be served by keeping the petitioner in custody, hence, the petitioner is entitled to grant the concession of regular bail.

8.

Without commenting upon the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. He shall, however, be released on the following conditions:

1. The petitioner shall declare his ordinary place of residence and the mobile number used by him.

2. He will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will be available in his absence.

3. He will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned.

4. He will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. The petitioner shall abide by the terms and conditions as imposed in addition to Section 439 of Cr.P.C.

9.

It is made clear that, in case, the petitioner is found involved in any such activity once again, the present concession granted shall be considered for being withdrawn.

10.

However, nothing stated above shall be construed as a final expression of opinion on the merits of the case. (ALOK JAIN) 20.12.2023 JUDGE Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No