Allowed

Raj Kumar v. State of Haryana

Punjab & Haryana HC12 Aug 2021CRM-M/3353/2021

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 438 Cr.P.C. for pre-arrest bail. The court converted the interim bail granted in January 2021 to regular bail, noting the petitioner's cooperation in investigation and that the charges had not yet been framed.

What did the court decide?

The interim bail order dated 25.01.2021 is made absolute and the petition is disposed of.

Raj Kumar Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2021)

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CRM-M No.3353 of 2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.3353 of 2021 Date of Decision :12.08.2021

Raj Kumar

......Petitioner

Versus

State of Haryana

...... Respondent

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CORAM: HON'BLE MR.JUSTICE ARUN PALLI, JUDGE

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Present : Mr. Padamkanat Dwivedi, Advocate for the petitioner. Mr. Bhupender Singh, DAG, Haryana.

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(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court)

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ARUN PALLI, J. (Oral):

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CRM-24499-2021

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For the reasons set out in the application, the same is allowed. Consequently, documents Annexures P-15 to P-17 are taken on

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record.

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CRM-M-3353-2021

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Vide this petition under Section 438 of Cr.P.C. the petitioner prays for pre-arrest bail in FIR No.0739 dated 01.12.2020, under Sections 120B, 420, 467, 468, 471 of IPC, registered at Police Station Sirsa City, District Sirsa.

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Upon hearing the learned counsel for the petitioner this court vide order dated 25.01.2021, had released the petitioner on interim bail:-

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“Case taken up through video conferencing.

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Learned counsel for the petitioner states that no offence is made out against the petitioner and learned JMIC, Sirsa while deciding petition for regular bail filed by

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DEEPAK KUMAR 2021.08.13 10:49 I attest to the accuracy and integrity of this document

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CRM-M No.3353 of 2021

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co-accused Harbans Asija @ Sahil in her order dated 22.12.2020 has observed so. He further states that the petitioner is ready and willing to join the investigation.

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Notice of motion.

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Mr.Karan Garg, AAG, Haryana, accepts notice on behalf of the respondent-State. Adjourned to 8.3.2021.

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I find it a fit case to grant interim bail to the petitioner. As such, the petitioner is directed to join the investigation by contacting the Investigating Officer within seven days from today and render all sort of co-operation. The petitioner is to surrender his passport before the Investigating Officer, if he has got one, otherwise to furnish affidavit in that regard. If in the meanwhile, he is arrested, he be released on bail to the satisfaction of the Investigating Officer/Arresting Officer.”

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Learned State counsel, on the instructions from ASI Mahender Singh, submits that pursuant to the order dated 25.01.2021 ( ibid ) the petitioner has since joined the investigation and cooperating with Investigating Agency, he is not required for any further custodial interrogation.

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In the wake of the above and as also only the challan has been presented and charges are yet to be framed, there is hardly any possibility of the trial being concluded in the immediate future. Accordingly, the order dated 25.01.2021 is made absolute.

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The petition is accordingly disposed of.

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(ARUN PALLI) JUDGE

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12.08.2021 deepak

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Whether speaking/reasoned Yes/No Whether reportable Yes/No

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DEEPAK KUMAR 2021.08.13 10:49 I attest to the accuracy and integrity of this document

Raj Kumar v. State of Haryana

Case brief

What is this about?

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Raj Kumar v. State of Haryana

Case brief

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What did the court decide?

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