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High Court of Punjab and HaryanaCRM-M/54018/2019allowed

Manish Kumar v. State Of Haryana

2020-01-23Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-54018-2019 Date of decision:23.1.2020 MANISH KUMAR ....Petitioner

Versus

STATE OF HARYANA .....Respondent **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Baldev Singh Dhillon, Advocate for the petitioner.

Mr. Ashok Singh Choudhary, Addl. A.G., Haryana. **** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of anticipatory bail in respect of FIR No.589 dated 7.11.2019 under Sections 148, 149, 341, 427, 506 IPC, Police Station Pehowa, District Kurukshetra.

2.

The FIR was lodged at the instance of Amrinder Singh wherein it has been alleged that 15/20 boys armed with sticks, 'Kirpan', 'Gandasi' had damaged his vehicle and were also talking amongst themselves to kill the complainant.

3.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated and that even as per the FIR, no injury is alleged to have been caused to the complainant nor the petitioner is named in the FIR and that the petitioner is sought to be nominated on the basis of disclosure statement made by co-accused Johny Pandit. GAURAV SOROT 2020.01.23 18:26 I attest to the accuracy and integrity of this document

(2) CRM-M-54018-2019 4.

Opposing the petition, learned State counsel submits that since the coaccused who had been apprehended has specifically named the petitioner to be amongst the assailants, no case for grant of bail is made out. It has however been informed that the petitioner has since joined the investigation.

5.

Having regard to the facts and circumstances of the case and bearing in mind that no one has been injured in the present case and that the petitioner has already joined investigation, in my opinion, it is not a case which would warrant custodial interrogation. Accordingly the petition is accepted and the interim directions issued vide dated 17.12.2019 by this Court are hereby made absolute subject to the condition that the petitioner would appear before Investigating Officer as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. ( GURVINDER SINGH GILL) 23.1.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.01.23 18:26 I attest to the accuracy and integrity of this document