Punjab-Haryana High Court
Pooja vs State Of Haryana on 10 August, 2023
CRM-M-31121-2023 2023:PHHC:104065
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
211 CRM-M-31121-2023
Date of decision: 10.08.2023
Pooja ....Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : Mr. Sylvester Stephen, Advocate, for the petitioner.
Mr. Baljinder Singh Virk, Sr. DAG, Haryana.
Mr. Sumit Chahal, Advocate, for the complainant.
*****
AMAN CHAUDHARY. J.
1. On 13.07.2023, this Court had passed the following order:-
"Present petition has been filed under Section 438
Cr.P.C for the grant of anticipatory bail in respect of FIR No.
198 dated 30.05.2023, registered under Sections 380, 454 IPC at
Police Station Pundri, District Kaithal.
Learned counsel for the petitioner argues that in the
present case, keeping in view the allegations alleged in the FIR,
the petitioner was initially seen sleeping on the bed by the
complainant in her own house and upon noticing the
complainant, the petitioner ran away after which, the
complainant came to know that there was a theft at the hands of
the petitioner.
Learned counsel for the petitioner submits that the
present allegations are false and motivated and have been
alleged keeping in view the rivalry between the neighbours.
Learned counsel further submits that nothing has come on record
as to why, the complainant had left her house unlocked on the
day of the incident, when she went out for some work. Learned
counsel for the petitioner submits that there is a delay of 07 days
in registering the FIR. Learned counsel further submits that the
petitioner is ready to join the investigation and cooperate, hence,
she may kindly be extended the concession of anticipatory bail.
Learned State counsel submits that the allegation is of
theft but in case the petitioner joins the investigation and
cooperate with the same, the investigating agency will try to find
out the truth behind the allegations.
Learned counsel for the complainant submits that though
the complaint was given to the police on the same day but as the
police was trying to find out the actual fact, the FIR was
Ankur Goyal
2023.08.10 19:53
I attest to the accuracy and
integrity of this order/judgment
CRM-M-31121-2023 2023:PHHC:104065
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registered after 07 days by the police, hence, the said delay
cannot be attributed to the complainant. On being asked, as to
why complainant's house was kept open in her absence, learned
counsel for the complainant could not explain the said fact.
I have heard learned counsel for the parties and have
gone through the record with their able assistance.
Keeping in view the facts and circumstances of the
present case as noticed hereinbefore, as the allegations alleged in
the FIR are yet to be proved, the purpose of investigation will be
achieved in case, the petitioner is directed to join the
investigation and cooperate.
As the petitioner has undertaken to join the investigation
and co-operate with the same, she has made out a case for the
grant of anticipatory bail.
Petitioner is directed to join the investigation forthwith.
In the event of her arrest, she shall be released on interim
bail to the satisfaction of the Arresting Officer/Investigating
Officer on her furnishing bail bonds/surety bonds to his/her
satisfaction subject to the following conditions:
i) That she shall make himself available for
interrogation by the police officer as and when
required.
(ii) That she shall not, directly or indirectly, make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing the said facts to the Court or to
any police officer.
(iii) That she shall not leave India without prior
permission of the Court.
(iv) That she shall abide by all the conditions as
enshrined under Section 438 (2) Cr.P.C.
Adjourned to 10.08.2023.
It is, however, made clear that after the petitioner joins
the investigation, in case any incriminating material comes
against the petitioner, the respondent-State will be at liberty to
file appropriate application seeking the custody of the petitioner
in case, the same is needed."
2. Learned counsel for the petitioner submits that in pursuance of the
aforesaid order, the petitioner has not only joined investigation but has also fully
cooperated with the investigating agency. He further submits that in case the
investigating agency requires the petitioner to appear, she shall make herself
available without demur.
3. Learned State counsel on instructions from ASI Sukhbir Singh
affirms the factum of joining the investigation by the petitioner and cooperating
with the investigating agency. He also submits that at this stage, the petitioner is
not required for further custodial interrogation.
Ankur Goyal
2023.08.10 19:53
I attest to the accuracy and
integrity of this order/judgment
CRM-M-31121-2023 2023:PHHC:104065
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4. In view of the above and without expressing any opinion on the
merits of the case, anticipatory bail petition filed by the petitioner is allowed and
the order dated 13.07.2023 granting interim bail to her, is hereby made absolute,
subject to compliance of conditions as specified under Section 438(2) Cr. P.C
5. However, it is made clear that if the petitioner fails to join and
cooperate with the investigating agency as and when required, the State would be
at liberty to move an application for cancellation of the present anticipatory bail
granted to her.
(AMAN CHAUDHARY)
JUDGE
10.08.2023
Ankur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Ankur Goyal
2023.08.10 19:53
I attest to the accuracy and
integrity of this order/judgment
