CRM-M-10835 of 2017(OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM-M-10835 of 2017 (OM)
Date of Decision:14.03.2018
Raj Kumar Sharma
State of Haryana …… Respondent
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr.Kiran Kumar Madan, Advocate
for the petitioner.
Mr. Ramesh Kumar, AAG., Haryana.
Mr. H.S.Jaswal, Advocate
for the complainant.
LISA GILL, J(Oral).
Petitioner seeks the concession of anticipatory bail in FIR
No.18 dated 08.02.2017, under Sections 323, 498-A, 354-A(1), 406, 506
IPC (offence under Section 354-A(1) IPC later replaced with Section 354
IPC), registered at Police Station Women, Ambala.
It is submitted that the petitioner, who is a Subedar retired from
Indian Army is the father-in-law of the complainant and has been falsely
implicated in this case. Absolutely false and incorrect allegations have been
levelled in the FIR that the petitioner on 07.01.2016 committed any kind of
indecent act with the complainant at 09.30.p.m.
Learned counsel for the petitioner vehemently argues that
considerable delay in lodging of the complaint on 04.10.2016 on the basis of
which the present FIR dated 08.02.2017 was registered, is a reflection of the
falsity of the allegations. It is further stated that the petitioner’s land in
Haridwar has been usurped by the maternal uncle (Mama) of the
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CRM-M-10835 of 2017(OM) 2
complainant in respect to which FIR No. 90 dated 30.04.2017 has been
registered at Haridwar. Subsequently, during the pendency of this petition,
the complainant’s father had called the petitioner’s daughter and used
indecent and obscene language. He had threatened her with dire
consequences in respect to which FIR No. 781 dated 30.11.2017 already
stands registered. It is submitted that the co-accused i.e. the mother-in-law
and the husband of the complainant have been afforded the concession of
bail pending trial. Final report under Section 173 Cr.P.C., against the said
accused already stands presented. The petitioner undertakes to face the
proceedings and not abuse the concession of anticipatory bail, if confirmed.
It is thus prayed that this petition be allowed.
Learned counsel for the complainant opposes this petition while
submitting that both the FIR’s registered against the complainant side are
absolutely frivolous and in any case subject matter of trial. It is further
submitted that the land in question was already on lease with the
complainant’s maternal uncle. Serious allegations have been levelled against
the petitioner. Therefore, this petition be dismissed.
Learned counsel for the State, on instructions from ASI Daya,
verifies that the petitioner has joined investigation pursuant to interim order
dated 06.04.2017 and his custodial interrogation is not required. The
petitioner is not reported to be involved in any other criminal case. Learned
counsel for the State further submits that the final report under Section 173
Cr.P.C., in this case qua the petitioner is ready and is likely to be filed within
the next two weeks itself.
There are no allegations on behalf of the State that the petitioner
is likely to abscond or that he is likely to dissuade the witnesses from
deposing true facts in the Court, if released on bail.
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CRM-M-10835 of 2017(OM) 3
Keeping in view the facts and circumstances as above, but
without commenting upon or expressing any opinion on the merits of the
case, this petition is allowed. Consequently, order dated 06.04.2017 is made
It is clarified that none of the observations made hereinabove
shall be construed to be a reflection on the merits of the case. The same are
solely confined for the purpose of decision of the present petition.
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.
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