The Court granted anticipatory bail to the petitioner, who was booked under Section 365 IPC for alleged kidnapping which the petitioner negated via the detainee's statement noting a money transaction instead.
Petition allowed; interim directions made absolute; petitioner to join investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc.No. M-35 of 2014
{1}
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M-35 of 2014 Date of Decision: 18th February, 2014
Bajrang Saini
.. Petitioner
Versus
State of Haryana
.. Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.H.N.S.Gill, Advocate, for the petitioner.
Mr.Nitin Kaushal, AAG, Haryana.
Mr.Nipun Vashist, Advocate, for the complainant.
Naresh Kumar Sanghi, J.
Prayer in this petition is for grant of anticipatory bail to petitioner Bajrang Saini who has been booked for having committed the offence punishable under Section 365, IPC, in a case arising out of FIR No.446, dated 09.11.2013, registered at Police Station, Dharuhera, District Rewari.
Learned counsel contends that a money transaction has been given shape of a criminal case. According to the prosecution, Nepal Singh was allegedly kidnapped by the petitioner and his coaccused but on the date of alleged occurrence, the police of Kotputli (Rajasthan) recorded the statement of Nepal Singh wherein he specifically stated that he was not kidnapped by the petitioner and his co-accused. He has referred to the statement (Annexure P-2)
Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh
Criminal Misc.No. M-35 of 2014
{2}
suffered by the alleged detenue, Nepal Singh.
Learned counsel for the State, on instructions from ASI Jai Chand, Police Station, Dharuhera, District Rewari, submits that the petitioner did join the investigation. However, the cash amount and the documents of the car taken away by the petitioner were not recovered. However, he fairly concedes that before the police at Kotputli, the alleged detenue has given a clean chit to the petitioner and his co-accused.
Learned counsel for the complainant vehemently opposed the grant of anticipatory bail to the petitioner on the premise that there was no occasion for the police at Kotputli to record the statement of Nepal Singh and that no recovery could be effected from the petitioner Bajrang Saini, therefore, he does not deserve the concession of anticipatory bail.
I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
Prima facie, it appears to be a case of money transaction between the petitioner and the complainant side. So far as the allegation of kidnapping/abduction of Nepal Singh is concerned, the same has been negatived by Nepal Singh himself when he suffered the statement (Annexure P-2) before the police at Kotputli that he was not kidnapped by any person.
In view of the totality of the facts and circumstances of the case, the present petition is allowed and the interim directions issued by this Court vide order dated 03.01.2014 are made absolute.
Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh
Criminal Misc.No. M-35 of 2014
{3}
The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down in Section 438(2), Cr.P.C.
February 18, 2014 seema
(Naresh Kumar Sanghi) Judge
Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh
Criminal Misc.No. M-35 of 2014
{4}
Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner given the alleged money transaction and contradictory statements regarding kidnapping.
Whether the interim direction granting bail should be made absolute.
1 provisions across 1 enactments
Bajrang Saini
STATE OF HARYANA
NARESH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
