Punjab-Haryana High Court
Harsh Kumar vs State Of Punjab on 1 September, 2023
SANDEEP GROVER
2023.09.01 14:57
CRM-M No.43518 of 2023 (O&M) 2023:PHHC:114661
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
102
CRM-M No.43518 of 2023 (O&M)
DATE OF DECISION: 01* SEPTEMBER, 2023
Harsh Kumar
..-- Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present: Mr. Harlove Singh Rajput, Advocate and
Mr. Gurvishvraj Singh, Advocate, for the petitioner.
3K OK Ok 2
RAJBIR SEHRAWAT, J. (Oral)
1. The present petition has been filed by the petitioner under
Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.121
dated 12.08.2023 registered under Sections 307, 379-B, 364, 341, 323,
148, 149, 506 and 120-B IPC and Sections 27 and 27 of Arms Act, 1959
at Police Station Jaito, District Faridkot.
2. It is submitted by learned counsel for the petitioner that the
case against the petitioner is totally concocted and fabricated. The
petitioner is not involved in the crime as alleged against him. Even as per
the case of the prosecution, the only allegations against the petitioner that
he gave beatings to the complainant. However, there is not even any
MLR to support the assertion of causing any injury to the complainant.
Learned counsel has further submitted that, on the contrary, the
complainant had made a statement against the police officials qua his
abduction and then pressurizing him to make a complaint against the
petitioner and other persons named in the FIR. The police are involving
the petitioner only because his sister had made a complaint against the
| attest to the accuracy and
integrity of this order/judgment. -l-
CRM-M No.43518 of 2023 (O&M) 2023:PHHC:114661
police officials regarding harassment of the family. There is no other case
against the petitioner. The petitioner is ready to join the investigation as
and when called by the police.
3. Notice of motion.
4. Mr. Sandeep, Additional Advocate General, Punjab, accepts
notice on behalf of the State.
5. Learned State Counsel, being instructed by ASI Jagsir, has
submitted that the name of the petitioner is specifically named in the FIR
as one of the persons, who caused injuries to the complainant. Therefore,
the petitioner is very much involved in the crime. The complainant was
kept in illegal confinement by the co-accused of the petitioner. However,
it is not disputed that the allegations against the petitioner is only qua
giving beatings to the complainant and that there is no other case against
the petitioner.
6. In view of the above, but without commenting upon merits
of the case, the present petition is allowed. The petitioner is granted
concession of anticipatory bail. Therefore, it is directed that in case of his
arrest, the petitioner shall be released on bail subject to his furnishing bail
bonds/surety bonds to the satisfaction of Arresting/Investigating Officer.
However, it is further directed that the petitioner shall join the
investigation as and when called upon to do so and shall abide by the
conditions as provided under Section 438(2) Cr.P.C.
01 SEPTEMBER, 2023 (RAJBIR SEHRAWAT)
'sandeep' JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
SANDEEP GROVER
2023.09.01 14:57
| attest to the accuracy and
integrity of this order/judgment. -2-
