Karan vs State Of Punjab on 19 February, 2024

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Punjab-Haryana High Court

Karan vs State Of Punjab on 19 February, 2024

                                                          Neutral Citation No:=2024:PHHC:022900




                                                       2024:PHHC:022900
CRM-M-64687-2023                                                       1
274      IN THE HIGH COURT OF PUNJAB AND HARYANA
                       CHANDIGARH
                                CRM-M-64687-2023 (O&M)
                                 Date of Decision: 19.02.2024

KARAN
                                                                 ...Petitioner
                                 V/S

STATE OF PUNJAB
                                                                ...Respondent

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: None for the parties.

         ASI Bhajan Ram in person.

                       ****
HARPREET SINGH BRAR J. (Oral)

1. Through the instant petition, the petitioner is seeking anticipatory

bail in case FIR No. 56 dated 07.07.2023 registered under Sections 67(A),

67 B of Information Technology Act, 2000 and Section 15 of Protection of

Children from Sexual Offences Act (Amended) 2019 at Police Station

Bhargo Camp, District Police Commissionerate Jalandhar.

2. On 12.01.2024, following order was passed:

“The present petition has been filed under
Section 438 of Cr.P.C. seeking anticipatory bail to the
petitioner in case bearing FIR No.56 dated 07.07.2023
registered under Sections 67(A), 67 B of Information
Technology Act, 2000 and Section 15 of Protection of
Children from Sexual Offences Act (Amended) 2019 at
Police Station Bhargo Camp, District Police
Commissionerate Jalandhar.

Learned counsel for the petitioner inter alia
contends that the petitioner is a student aged about 18 years
and has been involved in the present case on the basis of
suspicion. Nobody has come forward to make any complaint
before the concerned jurisdictional police authorities.
Rather, the police has registered the instant FIR on the basis

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2024:PHHC:022900
CRM-M-64687-2023 2
of Cyber Tip line. The petitioner used to play online games
on internet and his facebook ID was known to some of his
friends and they had misused his account and ID to upload
the pornographic material. The offences under which, the
present FIR has been lodged are punishable up to 05 years.
Notice under Section 41-A of Code of Criminal Procedure
has not been served upon the petitioner. As such, he is
entitled to the concession of anticipatory bail.

Notice of motion.

On the asking of the Court, Mr. Subhash Godara,
Addl. A.G., Punjab, who is present in Court, accepts notice
on behalf of the respondentState and filed status report
dated 11.01.2024 by way of an affidavit of Jaspreet Singh
(PPS) Assistant Commissioner of Police West, Jalandhar on
behalf of respondent-State which is taken on record. A copy
thereof be supplied to learned counsel for the petitioner
during the course of the day.

In the meantime, keeping in view the law
enunciated by the Hon’ble Supreme Court in Satender
Kumar Antil Vs. CBI (2022) 10 SCC 51; Arnesh Kumar
Vs. State of Bihar (2014) 8 SCC 273 and Mohd. Muslim
alias Hussain Vs. State (NCT of Delhi) 2023 SCC OnLine
SC 352, at the first instance, the petitioner is directed to
appear before the Investigating Officer within two weeks
from today and on his doing so or in the event of arrest, the
petitioner shall be admitted to interim bail on furnishing of
bail/surety bond to the satisfaction of the
Investigating/Arresting Officer. The petitioner shall
cooperate with the Investigating/Arresting Officer and abide
by the conditions as provided under Section 438 (2) Cr.P.C.

If the Investigating/Arresting Officer does not
permit the petitioner to join the investigation, the petitioner
would appear before the Illaqa Magistrate, who would then
summon the Investigating/Arresting Officer and direct him
to join the petitioner in investigation, in terms of the order of
this Court.

Adjourned to 19.02.2024.

Nothing observed hereinabove shall be construed

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CRM-M-64687-2023 3
as expression of opinion of this Court on merits of the case
and the trial Court shall proceed without being prejudiced
by observations of this Court.”

3. In view of the resolution passed by Punjab & Haryana High Court

Bar Association, there is no representation on behalf of the parties, but ASI

Bhajan Ram has appeared in person and apprised the Court that in

compliance of order dated 12.01.2024 passed by this Court, the petitioner

has joined the investigation and is not required for further custodial

interrogation.

4. Keeping in view the statement made by learned State Counsel the

order dated 12.01.2024, is made absolute. The petitioner shall abide by the

terms and conditions enumerated in Section 438(2) of Cr.P.C.

5. The petition is accordingly allowed.





                                                 (HARPREET SINGH BRAR)
19.02.2024                                               JUDGE
Ajay Goswami

                    Whether speaking/reasoned         Yes/No
                    Whether reportable                Yes/No




Neutral Citation No:=2024:PHHC:022900

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