Anand v. State Of Haryana

223 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-61235-2023 Date of Decision: December 12, 2023 Anand

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Raman Chawla, Advocate for the petitioner. DEEPAK GUPTA , J.(Oral) By way of present petition filed under Section 439 Cr.P.C., petitioner prays for grant of regular bail in case FIR No.134 dated 14.02.2023, under Sections 66-C and 66-D of the Information Technology (Amendment) Act, 2008 and Section 8(4) of the Haryana Public Examination (Prevention of Unfair Means) Act, 2021 and Section 420, 120-B of IPC (Section 201 IPC added later on), registered at Police Station Samalkha, District Panipat.

This is the second petition for the purpose, as earlier petition bearing No.CRM-M-30679-2023 was dismissed as withdrawn vide order dated 21.08.2023 (Annexure P-3).

It is contended by learned counsel that similarly placed coaccused, namely, Manbir Thind has been allowed bail by this Court vide order dated 03.11.2023 passed in CRM-M-53757-2023 (Annexure P-4). Another co-accused, namely, Kapil @ Kapil Sandhu has been allowed bail vide order dated 28.11.2023 passed in CRM-M-58709-2023 (Annexure P-5). Learned counsel for the petitioner further contends that the case of the petitioner is on better footing comparing to co-accused Kapil @ Kapil Sandhu, who has already been allowed bail vide Annexure P-5.

SARITA RANI 2023.12.11 16:58 I attest to the accuracy and integrity of this document/order

CRM-M-61235-2023 - 2 - Notice of motion.

Mr. Sumit Jain, Addl. A.G., Haryana accepts notice on behalf of respondent-State.

Learned State counsel does not dispute the aforesaid facts. It is conceded that the case of the petitioner at least on parity with the coaccused, who have already been allowed bail. Custody certificate is also taken on record, which reveals that the petitioner is in custody for the last 09 months and 27 days, with no criminal antecedent.

Having regard to the aforesaid facts and circumstances and particularly on the ground of parity, but without commenting anything further on the merits of the case, petitioner is admitted to bail. He is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned.

Allowed.

December 12, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.12.11 16:58 I attest to the accuracy and integrity of this document/order