Yogesh Kumar v. State Of Punjab

2024:PHHC:006975

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-60806-2023 (O&M) Date of Decision: 19.01.2024 YOGESH KUMAR

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. J.S. Jaidka, Advocate for the petitioner. Ms. Ruchika Sabherwal, DAG, Punjab.

Mr. Fariad S. Virk, Advocate for the complainant.

***** MANISHA BATRA, J. (Oral) 1.

Through the instant petition under Section 438 of Code of Criminal Procedure, 1973, the petitioner seeks anticipatory bail in GD No.52 dated 18.05.2023 registered under Sections 307, 323, 324, 506, 148 and 149 of IPC at Police Station Division No.7, District Ludhiana (Annexure P-2) arising out of case FIR No.215 dated 17.05.2023, registered under Sections 307, 323, 324, 354, 34, 506 and 341 of IPC at Police Station Division No.7, District Ludhiana.

2.

Vide order dated 04.12.2023, the petitioner had been directed to join the investigation.

3.

Learned State counsel on instructions received from Investigating Officer states that the petitioner has since joined the investigation and he is not required for custodial interrogation. Even challan has been prepared and charges have been framed against the petitioner. The injury sustained by the injured that had been declared dangerous to life has not been attributed to the present petitioner but to the co-accused. No HIMANSHU 2024.01.20 12:30 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-60806-2023 (O&M) recovery is to be effected from the petitioner. As such in my opinion no useful purpose would be served by detaining the petitioner in custody. 4.

In view of the said facts, without commenting on the merits of the case, the present petition is allowed and the order dated 04.12.2023 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (MANISHA BATRA) January 19, 2024 JUDGE himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2024.01.20 12:30 I attest to the accuracy and authenticity of this order/judgment.