Judgment:
CRM No.M-1997 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-1997 of 2014 Date of Decision:-22.4.2014 Baljit Singh Nayak ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.Kanishk Lakhanpal, Advocate for the petitioner. Mr.H.S.Deol, Addl. AG Haryana for the State. Mr.S.S.Momi, Advocate for the complainant. Mehinder Singh Sullar, J.
(Oral) Petitioner Baljit Singh Nayak son of Rishi Pal has preferred the instant petition for the grant of concession of anticipatory bail, invoking the provisions of section 438 Cr.PC, in a case registered against him, vide FIR No.155 dated 26.11.2013 (Annexure P1), for the commission of offences punishable u/ss 354-A (i) (ii) (iv), 506 IPC and Section 11 of the POSCO Act, 2012 by the police of Police Station Kalayat, Distt. Kaithal.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this context.
4. During the course of preliminary hearing, a Coordinate Bench of this Court (Surinder Gupta, J.) passed the following order on 20.1.2014:- “Heard. Learned counsel for the petitioner has submitted that the FIR in question is the Arvind Kumar Sharma 2014.04.24 10:19 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-1997 of 2014 2 off shoot of the case got registered by him against the father of the complainant vide FIR No.198 dated 26.10.2011 for offence under Sections 323, 452, 506 IPC, Police Station Kalayat. In this FIR the allegations of obscene gestures and asking the complainant a minor girl to be the friend of the accused, have been levelled. Notice of motion for 22.04.2014. In the meanwhile, the petitioner is directed to surrender before the police and join investigation. In the event of his arrest, he shall be released on bail subject to his furnishing bond to the satisfaction of the Arresting Officer. However, he shall abide by the terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C., failing which he shall loose the benefit of anticipatory bail allowed to him.”. 5. At the very outset, the learned State counsel, on instructions from ASI Satbir Singh, has acknowledged the relevant factual matrix and stated that the petitioner has already joined the investigation. He is no longer required for further interrogation at this stage. The mere contention that there is an apprehension to the victim, ipso facto, is not a ground, muchless cogent, to deny the concession of anticipatory bail to the petitioner, as contrary urged on behalf of the complainant. Moreover, it is not a matter of dispute that having completed the investigation, the police has already submitted the final police report (challan) in the Court.
6. In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanating from the record, as indicated here-in-before and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, the instant petition is hereby accepted and the interim bail already granted to the petitioner, by means of order dated 20.1.2014 by this court is hereby made absolute, subject to compliance of conditions as envisaged under section 438(2) Cr.PC.
7. Needless to mention that nothing observed, here-in-above, would reflect on the merits of the main case, in any manner, as the same has Arvind Kumar Sharma 2014.04.24 10:19 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-1997 of 2014 3 been so recorded for the limited purpose of deciding the present petition for regular bail. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail, in this relevant context in this Court. Sd/- 22.4.2014 (Mehinder Singh Sullar) AS Judge Arvind Kumar Sharma 2014.04.24 10:19 I attest to the accuracy and integrity of this document Chandigarh