Allowed

Rakesh v. State of Haryana

Punjab & Haryana HC7 Nov 2024CRM-M/40574/2024

Case brief

AI extract

What is this about?

Regular bail sought under an FIR alleging blackmail using a spiked drink and obscene video to extort cash and transfers. Challan filed but charges not framed; nineteen witnesses cited. The parties had amicably compromised. The Court held continued detention would serve no purpose and granted regular bail on furnishing bonds.

What did the court decide?

Petitioner ordered released on regular bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

Rakesh Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2024)

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In The High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-40574-2024 (O&M) Date of Decision:- 07.11.2024

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Rakesh … Petitioner

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Versus

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State of Haryana ... Respondent

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Yashveer Kharb, Advocate, for the petitioner.

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Mr. Vishal Kashyap, DAG, Haryana.

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Mr. Rajesh Bansal, Advocate, for the complainant.

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FIR NO.	DATE	POLICE STATION	OFFENCES
255	02.05.2024	Old Industrial Panipat, District Panipat	120-B, 201, 379-A, 384 and 389 IPC (final report under Section 173 Cr.P.C. filed
			under Sections 120-B, 201,
			384, 389, 392, 34 IPC)

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GURVINDER SINGH GILL, J . (Oral)

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The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR.

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The allegations, in nutshell, are that Manisha, Krishan Panchal and the petitioner had given a spiked cold drink to the complainant and that after consuming the same he lost his senses and that the accused

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MOHAN SINGH 2024.11.08 10:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRM-M-40574-2024 (O&M) - 2 -

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had made an obscene naked video and had been blackmailing him ever since while threatening to make the same viral and on the said pretext had forced him to pay an amount of Rs.40 lakhs in cash and that also to transfer an amount of Rs.18,40,130/-.

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Learned counsel for the petitioner submitted that he has falsely been implicated in the present case and as a matter of fact the complainant as well as the accused have resolved the matter amicably and a compromise has been effected.

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Learned counsel appearing on behalf of the complainant has endorsed the factum of compromise.

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Learned State counsel has however, opposed the petition while submitting that it is a case where the police during investigation has collected sufficient evidence against the petitioner. It has been informed that the petitioner as on date has been behind bars since the last about 5 months and 29 days and that although challan is presented, but charges are yet to be framed and as many as 19 PWs have been cited.

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This Court has considered rival submissions addressed before this Court.

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Admittedly the investigation is already complete and challan stands presented, but charges are yet to be framed. Since, as many as 19 PWs have been cited, it goes without saying that conclusion of trail

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MOHAN SINGH 2024.11.08 10:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRM-M-40574-2024 (O&M) - 3 -

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will take time even if charges are ultimately framed. In any case, the matter is stated to have been amicably resolved amongst the parties. Under these circumstances, no useful purpose would be served by keeping the petitioner behind bars. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

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07.11.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No

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MOHAN SINGH 2024.11.08 10:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

Rakesh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Rakesh v. State of Haryana

Case brief

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