Rajesh Kumar Chaudhary vs State Of Haryana And Anr
2024 Latest Caselaw 8328 P&H

Punjab-Haryana High Court

Rajesh Kumar Chaudhary vs State Of Haryana And Anr on 20 April, 2024

                                       Neutral Citation No:=2024:PHHC:053267




                                                          2024:PHHC:053267


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
                           ****

210                                            CRM-M-12330-2024
                                               Date of Decision.:20.04.2024

Rajesh Kumar Chaudhary                               .....Petitioner
      Vs.
State of Haryana and another                         .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. R.S. Mamli, Advocate
            for the petitioner.

            Mr. Randhir Singh, Addl. AG, Haryana.

            Proxy counsel for
            Mr. Gian Chand Shahpuri, Advocate
            for respondent No.2.

            ****

DEEPAK GUPTA, J. (ORAL)

Fresh power of attorney on behalf of petitioner and memo of

appearance on behalf of respondent No.2 has been filed.

2. The petitioner is seeking regular bail by way of petition filed

under Section 439 Cr.P.C in complaint case bearing No.NI Act 2407 of

2018 tilted as 'Anil Gulati Vs. Rajesh Kumar' under Section 138

of the Negotiable Instruments Act, pending in the Court of learned JMIC,

Jagadhri.

3. Learned counsel contends that petitioner had been allowed bail

in the complaint case. However, due to his absence on 14.09.2022, his bail

was cancelled. He was declared proclaimed person on 11.04.2023 and

pursuant thereto FIR No.95 dated 06.04.2023 under Section 174-A of the

1 of 2

Neutral Citation No:=2024:PHHC:053267

2024:PHHC:053267

IPC was registered against him at Police Station Sector-17, Huda, Jagadhri.

Learned counsel contends that petitioner has since been acquitted in that

case FIR No.95 of 2023 on 03.04.2024. Copy of the judgment has been

placed on record. Learned counsel further submits that petitioner is presently

in custody for the last more than 04 months; that stricter conditions may be

imposed upon him; and that he be allowed bail as the offence in question is

bailable and the maximum sentence provided for the offence is two years, in

case it is triable as a summons case and only one year if it is tried

summarily.

4. Learned State counsel as well as learned counsel for the

complainant have opposed the petition.

5. The custody certificate as placed on record would reveal that

petitioner is in custody for the last 04 months and 07 days. Although he is

under-trial in other cases also as per the details given in the custody

certificate but having regard to nature of case against the petitioner, this

petition is allowed and petitioner is admitted to bail on his furnishing bail

bonds/surety bonds to the satisfaction of the Learned Trial Court/Duty

Magistrate concerned, on usual terms and conditions. It is directed that

surety must own immovable property to the extent of bond amount within

the Revenue District of Yamuna Nagar.

                                                        ( DEEPAK GUPTA )
                                                             JUDGE
April 20, 2024
Neetika Tuteja
                 Whether Speaking/reasoned        Yes/No
                 Whether Reportable               Yes/No




                                         2 of 2