Punjab-Haryana High Court
Sumit @ Kalia vs State Of Haryana on 12 April, 2021
Author: Harnaresh Singh Gill
Bench: Harnaresh Singh Gill
107 CRM-M-16426-2021 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-16426-2021 (O&M)
Date of decision: 12.04.2021
SUMIT @ KALIA
...Petitioner
Versus
STATE OF HARYANA
.....Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:- Mr. Sunny Namdev, Advocate
for the petitioner.
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HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing. CRM-11682-2021 Application is allowed, as prayed for.
CRM-M-16426-2021 Prayer in this petition under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.327 dated 30.09.2020 registered under Sections 147, 148, 149, 323, 427, 380, 379-B and 449 IPC, at Police Station Siwani, District Bhiwani.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has been indicted on the basis of the disclosure statement of co-accused Bhim Kumar, who has already been granted regular bail vide order dated 25.03.2021 passed by the Sessions Judge, Bhiwani. It was the petitioner and his brother, who had got 1 of 2 ::: Downloaded on - 04-06-2021 23:03:21 ::: 107 CRM-M-16426-2021 (O&M) -2- registered two FIRs dated 26.05.2020 and dated 31.05.2020 against the son of the complainant.
Notice of motion.
On the asking of this Court, Mr. Ashok Singh Chaudhary, Addl. A.G., Haryana, accepts notice and opposes the prayer made in this petition. He submits that the petitioner along with the other co-accused entered the house of the complainant and after giving beating they fled away with LCD, DVR and Rs.4-5 lakh cash by breaking open the Almirah. He further submits that the recovery is yet to be effected from the petitioner.
I have heard the learned counsel for the parties. As noticed above, there are specific allegations against the petitioner that he along with the other 9-10 persons entered the house of the complainant and had given beatings to her with sticks and dandas. They further beat son of the daughter of the complainant as well as son of her brother. The recovery is yet to be effected from the petitioner. Therefore, the petitioner is required for custodial interrogation.
Keeping in view the above, no case is made out to grant the concession of bail to the petitioner.
The petition is hereby dismissed.
(HARNARESH SINGH GILL)
JUDGE
12.04.2021
Aman Jain
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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