Amit Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-59752-2024 Date of decision: 15.01.2025 AMIT KUMAR ....Petitioner V/s STATE OF HARYANA ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ranvijay Singh, Advocate, for the petitioner. Mr. Yuvraj Shandilya, AAG, Haryana.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in case FIR No.393 dated 28.11.2023 under Sections 147, 148, 149, 285, 323, 427, 435, 447 and 506 of the Indian Penal Code, 1860, and under Section 25 of the Arms Act, registered at Police Station Kasola, District Rewari. 2.

On the last date of hearing i.e. on 02.12.2024, a Coordinate Bench of this Court had granted the concession of interim bail to the petitioner and asked him to join investigation. 3.

Learned counsel for the petitioner submits that in compliance of order dated 02.12.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

On a pointed query put to the learned State counsel as to what was the role attributed to the petitioner in the occurrence in question, he on instructions, has submitted that although the petitioner has been named in POONAM RATHORE 2025.01.16 11:45 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-59752-2024 -2the FIR. However, there is no specific role or injury attributed to the petitioner; he was part of the unlawful assembly which assaulted the opposite party.

4.

Learned State counsel, 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 02.12.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) January 15, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2025.01.16 11:45 I attest to the accuracy and authenticity of this document High Court Chandigarh