Mohammad Rafi v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-56922-2024 Date of decision: February 14th, 2025 Mohammad Rafi .....Petitioner

Versus

State of Haryana .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Mohd. Yousaf and Ms. Arzoo Modi Advocates for the petitioner.

Mr. Gagandeep Singh Chhina, Assistant Advocate General, Haryana.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail in FIR No.29 dated 03.09.2024 under Sections 316(2), 318(4), 61(2), 3(5) of the BNS, 2023 registered at Police Station Cyber Crime Hansi, District Hisar.

2.

Vide order dated 14.11.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner inter alia contends that the petitioner was not named in the FIR in question but came to be nominated as an accused on a disclosure statement allegedly suffered by the co-accused, who had committed a fraud upon the complainant. It has been further argued that the role, if any, that has been attributed to the petitioner is of having phoned the complainant and forwarded some photographs of the horses which were up for sale." 3.

Learned counsel for the petitioner submits that in PUNEET SACHDEVA 2025.02.14 13:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-56922-2024 -2compliance of order dated 14.11.2024, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 14.11.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

February 14th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.02.14 13:57 I attest to the accuracy and integrity of this document Chandigarh