Allowed

Anish Khan v. State of Haryana

Punjab & Haryana HC19 Mar 2024CRM-M/1388/2024

Case brief

AI extract

What is this about?

Anticipatory bail petition under Section 438 Cr.P.C. in an FIR under the Haryana Gauvansh Sanrakshan and Gausamvardhan Act. The State conceded the petitioner had joined investigation and was not needed for custodial interrogation; interim bail confirmed with standard Section 438(2) conditions.

What did the court decide?

Interim bail dated 15.02.2024 confirmed subject to Section 438(2) Cr.P.C. conditions

Anish Khan Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2024)

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N.C. No.2024:PHHC:039216

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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217

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CRM-M-1388-2024 (O&M) Date of decision: 19.03.2024

ANISH KHAN

....Petitioner(s)

Versus

STATE OF HARYANA

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY

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Present : Mr. Anas Ahmed, Advocate for the petitioner(s).

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Mr. Surender Singh, AAG Haryana.

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SANJIV BERRY. J. (Oral)

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By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR as under:

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FIR No.	Dated	Sections	Police Station
604	22.12.2023	3/13(1), 8/13(3), 17 of the Haryana	Sadar Nuh,
		Gauvansh Sanrakshan and	District Nuh
		Gausamvardhan Act, 2015

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Learned counsel for the petitioner has submitted that in compliance to the order dated 15.02.2024 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

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Learned State counsel, on instructions from SI Bachhu has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation.

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Heard.

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During the course of hearing on 15.02.2024, the following order was

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SANDAL SHARMA 2024.03.20 17:31 I attest to the accuracy and authenticity of this order/judgment

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N.C. No.2024:PHHC:039216

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CRM-M-1388-2024 (O&M)

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-2-

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passed:-

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“ Learned counsel for the petitioner submits that the petitioner has been acquitted in case arising out of FIR No.831 of 2014.

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Adjourned to 19.03.2024.

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In the meanwhile, petitioner will join investigation before the Investigating Officer as and when called. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on his furnishing adequate bail and surety bonds to his satisfaction. The petitioner is also directed to abide by all the conditions as envisaged under Section 438(2) of Code of Criminal Procedure, 1973.”

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Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 15.02.2024 passed by this Court, interim bail granted vide order dated 15.02.2024 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

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7 . The petition stands allowed.

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(SANJIV BERRY) JUDGE

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19.03.2024 S.Sharma(syr)

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

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SANDAL SHARMA 2024.03.20 17:31 I attest to the accuracy and authenticity of this order/judgment

Anish Khan v. State of Haryana

Case brief

What is this about?

What did the court decide?

Anish Khan v. State of Haryana

Case brief

What is this about?

What did the court decide?

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