Naresh Kumar vs. State Of Haryana
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The petitioner, Naresh Kumar, filed a petition under Section 438 of the Cr.P.C. seeking anticipatory bail. The FIR was registered on June 18, 2019, under Sections 420, 467, 468, 471, 474, 477-A of the IPC and Section 132 of the CGST Act at Police Station Civil Lines, Sirsa. The petitioner's counsel stated that the petitioner had joined the investigation in compliance with a previous order dated May 20, 2024. The respondent-State, through a reply affidavit, confirmed that the petitioner had joined the investigation and was no longer required for further inquiry.
Held
The Court allowed the petition for anticipatory bail. The reasoning was based on the petitioner's compliance with the previous order to join the investigation and the respondent-State's submission that the petitioner was no longer required for further investigation. The interim order dated May 20, 2024, was made absolute. The petitioner was directed to continue to join the investigation as and when called by the Investigating Officer and to abide by the conditions provided under Section 438(2) of the Cr.P.C. No specific amount in dispute or procedural history beyond the joining of investigation was recorded.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in FIR No.191 dated 18.06.2019, registered under Sections 420, 467, 468, 471, 474, 477-A of IPC & Section 132 of CGST Act? Petitioner's Contention: The petitioner argued that he had complied with the order of the High Court dated May 20, 2024, by joining the investigation. Respondent's Contention: The respondent-State submitted that the petitioner had joined the investigation and was no longer required for further investigation, implying no objection to the grant of anticipatory bail on this ground.
Sections Cited
Section 132, Section 438, Section 438(2)
AI-generated summary — verify with the full judgment below
201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25428-2024 Date of Decision: 23.08.2024 Naresh Kumar …Petitioner vs. State of Haryana …Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. J.S.Bedi, Advocate, for the petitioner. (through VC) Mr. Rajinder Kumar Banku, Deputy Advocate General, Haryana. *** N.S.Shekhawat J. (Oral)
The petitioner has filed the present petition under Section 438 Cr.P.C. with a prayer to grant anticipatory bail to him in case FIR No.191 dated 18.06.2019, registered under Sections 420, 467, 468, 471, 474, 477-A of IPC & Section 132 of CGST Act, at Police Station Civil Lines, Sirsa.
Learned counsel for the petitioner submits that in compliance of the order dated 20.05.2024 passed by a Co-ordinate Bench of this Court, the petitioner has joined the investigation.
Reply by way of an affidavit of Deputy Superintendent of Police, Sirsa, District Sirsa has been filed on behalf of the respondent-State in Court today and the same is taken on record. Learned State counsel has submitted that the petitioner has joined the investigation and is no longer required for further investigation.
In view of the statement made by learned counsel for the parties, the present petition is allowed and the interim order dated 20.05.2024, passed by a Co-ordinate Bench of this Court is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) of the Cr.P.C.
(N.S.SHEKHAWAT) 23.08.2024. JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2024.08.23 04:18 I attest to the accuracy and integrity of this document
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.