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Judgments of Supreme Court of India and High Courts

Gagandeep Singh vs State Of Punjab on 9 January, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.54942 of 2016
Date of decision: 9th January, 2019

Gagandeep Singh
… Petitioner
Versus
State of Punjab
… Respondent

CORAM: HON’BLE MR. JUSTICE FATEH DEEP SINGH
Present: Mr. Ravi Singh, Advocate for the petitioner.
Mr. A.S. Sandhu, Addl. Advocate General, Punjab
for the respondent/State.

FATEH DEEP SINGH, J. (ORAL)

Allegations against the petitioner Gagandeep Singh in this

first anticipatory bail application under Section 438 Cr.P.C. in case

registered by way of FIR No.140 dated 03.11.2018 at Police Station

Doraha, Khanna under Section 354 IPC have been levelled by the

complainant, an unmarried girl aged 28 years, in which she alleged that

she used to receive unsolicited calls from mobile phone and the sender

used to harass her repeatedly and on her statement present case was

registered. During the course of investigation, it transpired that the

accused was instrumental in sending her messages on her mobile phone.

Learned counsel for the petitioner inter alia contends that it is

a pure mutual conversation between the complainant and the petitioner

on mobile phone and there is no indecency in the same and that nothing

is to be recovered from the petitioner for proper investigation of the

present case.

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CRM-M No.54942 of 2016 2

Learned State counsel on instructions from ASI Mohinder Pal

Singh, Police Station Doraha, District Khanna has sought to oppose the

grant of bail on the grounds that the petitioner was instrumental in

harassing an unmarried girl by misuse of his mobile phone and had also

on one occasion caught her from the arm while she had gone to a shop

and that the mobile phone is yet to be recovered, though accepts the fact

that from the messages screened during the investigations nothing

indecent or obscene had come about.

Appreciating the submissions of the two sides, though the

conduct of the petitioner certainly is not appreciable having harassed an

unmarried girl repeatedly, however, in the light of own admission of the

learned State counsel that nothing indecent/obscene had come about in

these messages and therefore, to the mind of this Court it is a fit case for

grant of anticipatory bail. Accordingly, in the event of arrest, petitioner

is ordered to be released on bail to the satisfaction of the Arresting

Officer till submission of report under Section 173 Cr.P.C. (challan). He

shall continue to join investigation and shall furnish an undertaking that

he shall not repeat such an act in future and abide by the conditions

specified under Section 438 (2) Cr.P.C. Thereafter, the petitioner will be

permitted to furnish regular bail bonds to the satisfaction of the trial

Court.

The petition stands disposed off accordingly.

(FATEH DEEP SINGH)
JUDGE
January 9, 2019
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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