Anil Kumar vs State Of Haryana on 20 February, 2024

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Punjab-Haryana High Court

Anil Kumar vs State Of Haryana on 20 February, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                                     Neutral Citation No:=2024:PHHC:023567




                                                            2024:PHHC:023567

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH
255
                                            CRM-M-7579-2024 (O&M)
                                            Date of decision: 20.02.2024

Anil Kumar                                                      .....Petitioner

                                  Versus

State of Haryana                                              .....Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present :    Mr. Aditya Sanghi, Advocate for the petitioner.

        Ms. Trishanjali Sharma, DAG, Haryana.
                            ****
MANJARI NEHRU KAUL, J. (ORAL)

1. The petitioner is seeking the concession of bail under

Section 439 of the Cr.P.C. in case FIR No.151 dated 02.10.2023 under

Sections 379/419/420/384/120B of the IPC registered at Police Station

Nizampur, District Mahendergarh. (FIR was initially registered under

Sections 34/379-A of the IPC, challan was presented under Sections

120-B/34/379/419/420/384 of the IPC whereas charges have been

framed under Sections 379/384/419/420/120-B of the IPC).

2. Learned counsel for the petitioner inter alia contends that

the petitioner has been in custody since 12.10.2023 in a magisterial

trial. After the challan was presented on 29.11.2023, which was

followed by framing of charges on 02.01.2024, 02 prosecution

witnesses out of the 09 including the complainant had been examined

and it was a matter of record that since he had not supported the case of

the prosecution, he was declared hostile by the Trial Court. Learned

counsel has further submitted that the only reason why the Trial Court

had declined the concession of bail to him was because one PW Vikram

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Singh had not yet been examined. Learned counsel has submitted that

since said Vikram Singh was not even an eye witness to the alleged

occurrence, his supporting or not supporting the case of the prosecution

would not in any manner adversely affect the case of the prosecution. It

has also been brought to the notice of this Court that no recovery much

less of the stolen mobile handset was effected from the petitioner

coupled with the fact that he has clean antecedents being not involved

in any other criminal case much less of a similar nature.

3. Per contra, learned State counsel while opposing the prayer

made by learned counsel for the petitioner, on instructions, has not

disputed the submissions made by learned counsel for the petitioner qua

the complainant having been declared hostile during trial. It has also

not been disputed that no recovery much less of the stolen articles was

effected from the petitioner, however, she submits that the petitioner

had impersonated as a police official during the occurrence in question.

4. I have heard learned counsel for the parties and perused the

material placed on record.

5. Before proceeding further, it would be apposite to

reproduce the FIR (annexed as Annexure P-2) and the same reads as

under:-

“To, the SHO Police Station Nizampur, Sir, it is requested
that Manoj Kumar son of Ramkishan am resident of
Village Gadla Police Station Rohdai District Rewari, I use
to drive Trolla Number HR47F-7562, on dated 01.10.2023
while loading dust from Kishore Pura was going to Village
Machhroli, when I reached near Village Tazipur Pulia
time in the evening at 8, 8.30 a vehicle XUV number of
which was HR-34G-6359 came and stopped my Trolla, I
stopped my Trolla, out of which one person alighted and
come and asked me to make him talk with your owner and
took my phone and went in their vehicle, at night at
around 12,12.30 hrs my companion came from his Mobile

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Number 9813510915 I called at 112 and thereafter I had
gone to village Machhroli for unlading my vehicle, now I
have come, that two persons boarding vehicle Number
HR-34G-6359 XUV snatched my mobile and weighing slip
had fled away, my mobile is of Samsung, action may be
initiated against them. Signatures Manoj Mob. No.
9896187221, 8930405030 Adhar Number 301964340526
Today at police station :-

Today Manoj Kumar son of Ramkishan Village Gadla
Police Station Rohdai District Rewari submitted an
application by coming present in Police Station, keeping in
view of above duly received application prima facie a case
is made out under section 379A/34 IPC, so present case
was under above mentioned offence was registered. xxxx”

6. The petitioner has been in custody since 12.10.2023 in a

magisterial trial. The complainant already stands examined and

concededly has been declared hostile during trial, hence, further

incarceration of the petitioner would serve no useful purpose. In the

facts and circumstances as enumerated hereinabove, this Court deems it

fit to extend the concession of bail to the petitioner.

7. Accordingly, the instant petition is allowed. The petitioner

be admitted to bail on his furnishing bail/surety bonds to the

satisfaction of the Trial Court/Duty Magistrate concerned. However, it

is made clear that anything observed hereinabove shall not be construed

to be an expression of opinion on the merits of the case.

8. Needless to add, in case the petitioner misuses the

concession of bail granted to him, the State would be at liberty to seek

cancellation of the same.



20.02.2024                            (MANJARI NEHRU KAUL)
Vinay                                        JUDGE
             Whether speaking/reasoned :    Yes/No
             Whether reportable         :   Yes/No

                                                      Neutral Citation No:=2024:PHHC:023567

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